At an adjourned hearing, a party fails to take a step necessary for the suit to progress, although the court gave time to take it. How does Order XVII Rule 3 of the Code of Civil Procedure, 1908…
Question and options
At an adjourned hearing, a party fails to take a step necessary for the suit to progress, although the court gave time to take it. How does Order XVII Rule 3 of the Code of Civil Procedure, 1908 distinguish between presence and absence of the parties?
The court may decide forthwith under Rule 3 regardless of whether any party is absent.
If all parties are present, the court may decide forthwith. If any party is absent, it proceeds under Rule 2.
If all parties are present, the court proceeds under Rule 2. If any party is absent, it may decide forthwith under Rule 3(a).
The court must adjourn again in both cases.
Answer and explanation
Under Order XVII Rule 3(a), the court may decide the suit forthwith when all parties are present. Rule 3(b) requires resort to Rule 2 if any party is absent. The Explanation to Rule 2 permits the court to treat an absent party as present where that party's evidence or a substantial portion has already been recorded.
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