An appeal dismissed for default (also known as dismissal for non-prosecution) means the case was closed because the appellant or their counsel did not appear when the matter was called. [1, 2] 
Here are the primary legal remedies for an appeal dismissed in default under Indian law:
1. File a Restoration Application (Order 41 Rule 19, CPC) [3, 4, 5, 6] 


The most common remedy is to apply to the same court that dismissed the appeal for its readmission.

• Condition: The appellant must satisfy the court that there was “sufficient cause” for the non-appearance (e.g., illness, accident, misinformation).
• Limitation: The application should generally be filed within 30 days of the dismissal. [1, 8, 9, 10, 11] 

2. Appeal Against the Dismissal Order (Order 43 Rule 1, CPC) [12, 13] 
If the restoration application (above) is rejected, an appeal can be filed against that rejection order, as confirmed in case law. [14, 15] 
3. File a Second Appeal or Revision [16] 
If the dismissal occurred in a first appeal, a second appeal or revision may be available, though the court must ensure the case was not dismissed merely for non-appearance, as the supreme court has noted that appeals should ideally be decided on merits. [17, 18, 19, 20, 21] 


Key Legal Principles

• Criminal Appeals: A criminal appeal cannot be dismissed for default/non-prosecution. The court is required to decide it on merits, even if the counsel is absent, by appointing a friend of the court (amicus curiae).
• Restoration of Restoration: If a restoration application is itself dismissed for default, a fresh application for restoration is generally not maintainable, but the order can be appealed. [15, 17, 18, 22, 23] 

For more specific guidance, see the procedural advice in the Restoration of Appeals Dismissed for Non-Prosecution article, or this legal analysis of remedies from  The Blog of Bharat Chugh
.

More on 99888-17966

[1] https://www.linkedin.com/pulse/restoration-appeals-dismissed-non-prosecution-legal-framework-rehan-f1ohf
[2] https://plslegal.in/ViewBlogs?blog_id=13
[3] https://www.theedulaw.in/content/judgements/119/-Procedural-Justice-Prevails:-Safeguarding-Litigants-from-Lawyers-Defaults
[4] https://www.legalkart.com/legal-blog/can-a-disposed-case-be-reopened-in-india-legal-options-explained
[5] https://www.casemine.com/search/in/order%2B41%2C%2Brule%2B19%2Bc
[6] https://www.casemine.com/search/in/order%2B41%2Brule%2B19
[7] https://indiankanoon.org/search/?formInput=can+appeal+be+dismissed+for+default&pagenum=7
[8] https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_24_00009_195680_1517807321665&orderno=35
[9] https://www.theedulaw.in/content/judgements/119/-Procedural-Justice-Prevails:-Safeguarding-Litigants-from-Lawyers-Defaults
[10] https://testbook.com/question-answer/no-appeal-shall-lie-from-an-order-passed-ex-parte–693e723be9e59fcc2c094153
[11] https://indiankanoon.org/doc/181322362/
[12] https://indiankanoon.org/doc/68952497/
[13] https://supremetoday.ai/search/non-compliance-section-80-procedures
[14] https://jajharkhand.in/wp/wp-content/uploads/2019/08/Appeal-lies-against-dismissal-of-restoration-AIR-2017-SUPREME-COURT-5275.pdf
[15] https://bharatchugh.in/2023/03/09/suit-dismissed-for-default-restoration-application-also-dismissed-for-default-what-are-the-remedies-available/
[16] https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=77006
[17] https://www.livelaw.in/top-stories/supreme-court-criminal-appeal-accused-non-representation-default-advocate-179731
[18] https://www.casemine.com/search/in/criminal%2Bappeal%2Bdismissed%2Bin%2Bdefault
[19] https://www.theedulaw.in/content/judgements/119/-Procedural-Justice-Prevails:-Safeguarding-Litigants-from-Lawyers-Defaults
[20] https://www.taxmann.com/research/income-tax/top-story/101010000000331889/assessee-cant-file-second-appeal-against-order-of-cita-if-his-first-appeal-was-dismissed-as-withdrawn-itat-caselaws
[21] https://supremetoday.ai/search/if-a-writ-is-dismissed-on-the-ground-of-non-appearance-then-can-second-writ-be-filed
[22] https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-criminal-appeal-dismissed-non-appearance-accused-271618
[23] https://www.casemine.com/search/in/can%2Bappeal%2Bbe%2Bdismissed%2Bfor%2Bdefault