...order 17 rule 3 c. P. C. And as such no application under order 9 rule 13 c. P, c. Lies. The trial court ...plaintiffs dismissed the petition, it held that the judgment and decree dated 2 - 1 - 1960 tell under order - 17 rule - 3 c. P. C. And. Therefore no application under order ...3 c. P. C. Was maintainable it did not decide the application on merits dissatisfied with that order, the second defendant cauled the matter in appeal. The learned subordinate judge, kakinada dismissing th...

..., Order 17, Rule 3, C. P. C. applied to the case. It was also observed that the Court had dismissed the suit on the merits and not for default of the plaintiff's appeara...adjournment which would call for the application of Rule 3 of Order 17, O. P. C. as against him. Thus the application by Abdul Moid in his suit for..., Order 17, Rule 3, C. P. C. had no application to the case. Order 17, Rule 3, C. P. O., applies ...

...dismiss the suit under order 17 rule 3 c. P. C. And consequently affirmed the judgment and decree dismissing the suit of the plaintiff for default of npn - production of...along with the suit. 0. S. No 2377/78. (6) The substantial error that vitiated the judgments in question is that the courts below should proceed for trial under order 17 rule ...language of order 17 rule 3 c. P. C. Is that the court may, notwithstanding the default, proceed to decide the suit forthwith. It does not mean that it can dismiss the s...

...the petitioner has contended that since the defendants were absent on the date of hearing, the Trial Court instead of summarily dismissing the suit under Order 17 Rules 2 and 3, C. P. C,...v. Janki Manchanda, AIR 1987 SC 42, while dealing with the scope of Order 17 Rules 2 and 3, C. P. C, the Supreme Court has held that where a party is absent, the only course ...(b) is to proceed under Rule 2 of Order 17, C. P. C. (6) IN view of the aforenoted settled legal position, it has to be held that Order 17 ...

...otherwise expressly provided by any law for the time being in force. Hence presence of the party's counsel amounts to presence of party for purposes of Order 17, R. . The presence of the counsel constitutes the presence of the defen...this Court to contend that if a party is present through counsel he cannot be deemed to be present for the purpose of proceeding under Order 17, Rule 3, C. P. C. and if...tantamount to the absence of a party and for the purpose of the application of Order 17, Rule 2 or 3, the Court contemplates the presence of the party in person. The learned counsel also...

...Order 17, Rule 3, Civil P. C. 3. The plaintiff appealed and the learned District Judge of West Tanjore found that no appeal lay against the ..., dismissing the suits, as the suits were actually dismissed for default, the order really being one under Order 17, Rule 2 and not being one under Order .... C. 4. The view taken by the learned District Judge appears to be correct, in view of the terms of rules 2 and 3 of order 17. Notwithstanding the observations of the...

...in the rule the court will be justified in applying order 17 rule 3 c. P. C. If there are materials on record on which to decide the suit forthwith. " in this c...by the rajasthan high court, the dismissal was held to be under order l7 rule 2 and not under order 17, rule 3 c. P. C. , as there was on material to g..., although in the order of the trial court orderl7 rule 3 c. P. C. Was expressly referred to. Under sec. 17 of the rajasthan revenue courts (procedure and jurisdiction) act, 1951 every ...

...case on the ground of the lawyer being engaged in another Court being statutorily prohibited in Order 17, Rule 3, C. P. C, there was no scope for setting aside the ex p...C. P. C. in 1976. Order 17, Rule 3, C. P. C, before amendment read as follows : "3. Court may proceed notwithstanding either ...progress of the suit, for which time has been allowed, the Court may, notwithstanding such default, proceed to decide the suit forthwith." After amendment of Order 17, Rule 3, ...

...otherwise expressly provided by any law for the time being in force. Hence presence of the partys counsel amounts to presence of party for purposes of order 17, r. The presence of the counsel constitutes the presence of the defendan...contend that if a party is present through counsel he cannot be deemed to be present for the purpose of proceeding under order 17, rule 3, c. P. C. And if the party is n...counsel is tantamount to the absence of a party and for the purpose of the application of order 17, rule 2 or 3, the court contemplates the presence of the party in person. The learned co...

...suit to its original number. The court rejected this application on the ground that the order was appealable as it was an order on merits under Order 17 Rule 3 Civil P. .... Learned counsel for the appellant had urged that the order in question was not an order on merits under Order 17, Rule 3 C. P. C., and that it was a...behalf of the respondents, on the other hand, it has been urged that the order in question must be treated as an order under Order 17, Rule 3, C. P. C....

...17 rule 3 C. P. C which was applicable. The learned Judge, however; did not agree with the contention of the defendant-respondent. He held that the order was purported t...been made under rule 2 of Order 17 and not under rule 3 of the said order and, therefore, the application was maintainable. He accordingly restored the application on...Singh appearing for the petitioner has submitted that the trial court has taken an erroneous view of the law as the order dated 21-4-1977 clearly fell within rule 3 and not under...

...default of the respondents. The trial court framed issues and after recording the evidence of the parties held that the suit was decreed on merits under order 17, rule 3, c. P. C...duly instructed by them to proceed with the case. The learned appellate court also observed that the decree given by the trial court was not on merits within the meaning of order. 17, rule 3, ...the suit was decreed on merits under order 17, rule 3 c. P. C. And not decreed ex parte under order 17, rule 2 ...

...substance that the decree was treated as one passed under Rule 2 since Order 9 Rule 13 does not apply to a decree passed under Order 17 Rule .... R. Sharma, J. expressed the same opinion that the fact of absence of a party was not a ground for not applying the provisions of Order 17 Rule 3 C. P. C, This view wa...has been made wrongly un-der Rule 3 even though it should have been made under Rule 2 of Order 17. In Lakhanlal v. Dasroolal, C. Revn. No. 631 of 1966...

...interfere in appeal as he was satisfied that the lower Court acted rightly under order 17 r. 3 c. p. c. in dismissing the suit and in not granting further time to produce the document for which time was re...Court refused to allow further time. The Court then proceeded under order 17 r. 3 c. p. c. which provided that where any party to a suit to whom time has been granted failed to produce his evidence or...that he was entitled to damages. Hence, the suit was dismissed under order 17 r. 3 c. p. c.The petitioner filed an appeal before the District Judge. But the District Judge refused to...

...under Order 17 Rule 3 of C. P. C. and since the plaintiff has failed to prove his case by evidence the suit was disposed of under the provisions of ...consistently failed to appear before the Court, the trial Court proceeded to decide the suit under Order 17 Rule 3 (a) C. P. C. The said rule being relevant for...C. R. A. is required to be reproduced in its entirety herein : "Order 17 Rule 3 : Court may proceed notwithstanding...

...competent for the court to direct payment of the costs (vide order 17, rule 1 (2) c. P. C.). If that order had not been complied with, it is competent for the court to d...; next friend, it cannot be said that there is a sufficient cause for the restoration of the suit within the meaning of order 9, rule 9 g. P. C. In a full and elaborate...allowing a claim against a minor defendant to be decreed ex parte was a sufficient cause within the meaning of order 9, rule 13 c. P. C. In our opinion, there is nothing in...

...is however, contended by Shri Grover that by adjourning the case and not proceeding to deliver the judgment the Addl Rent Controller had violated the provisions of Order 17 Rule 3 C. P.... Order 17 Rule 3 is only an enabling provision. It empowers the court to close the evidence if the conditions mentioned in the said section are satisfied and proceed to decide the case...any evidence. It will be seen that the evidence on merit was concluded on 17th May, 1978. Thereafter the respondent- landlord moved an application under Order 18 Rule 17 for...

...Order 17, Rule 3, C. P. C. on 3rd October, 1958. Instead of filing a further appeal, the party was advised to present an application for restoration. The restoration app...that letter that limitation in these cases for filing appeal was upto 17-3-70. This letter though appears to be from the Legal Remembrancer of the Government of Rajasthan, Jaipur, but it is signed by...expression of opinion. This letter also states that the limitation expires on 17-3-1970. It is further borne out from the affidavit that Shri Shrigopal Bhargava came to Jodhpur and contacted Shri...

...Order 17, Rule 3, C. P. C., in the absence of a party? (2) Where the Court proceeds under Order 17, Rule ..., 1967. The trial Court dismissed that application holding that it was not maintainable inasmuch as the suit had been dismissed under Order 17, Rule 3, and not under ...Rule 2. 12. Rule 3 of Order 17, C. P. C. also applies to an adjourned hearing. This Rule contemplates the appearance of all the part...

...Civil Procedure refers only to non appearance of parties as specifically referred to in Order 9 and in Order 17, Rule 2, C. P. C. it does not include any oth...the C. P. C. wherein the word 'decree' has been defined is not the same as 'default' as used in order 9 Rule 9 and Order 17 Rule 2 C. P. ...Order 17 Rule 3 CPC and the Order passed under Order 17 Rule 3 CPC would be an appealable order. The Ful...