Supreme Court voids appeal due to court scheduling error depriving party of defense rights under Art. 379(5) KPC.

The Supreme Court voided the second-instance judgment because the court held the appeal hearing on the scheduled date but issued the ruling on the same day, contradicting the notice sent to the appellant. The appellant, a former railway employee, argued that the procedural error deprived him of his right to defend himself, as he arrived the day after the hearing. The court ruled that such a scheduling defect renders the proceedings invalid regardless of whether the appellant's presence could have influenced the outcome.