The Code Of Civil Procedure 1908
Order XVII :
Rule 3 :
Court may proceed notwithstanding either party fails to produce evidence, etc :
Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, 1.[the Court may, notwithstanding such default,-
(a) if the parties are present, proceed to decide the suit forthwith, or
(b) if the parties are, or any of them is, absent, proceed under rule 2].
State Amendment :
High Court Amendments-[Allahabad] :
Put a comma after the first word "where" sert thereafter the words "in a case to which rule 2 does not apply".-(17-1-1953).
[Andhra Pradesh] :
At the end of rule 3 add the following proviso:
"Provided that in a case where there is default under this rule as well as default of appearance under rule 2, the Court will proceed under rule 2."-(27-4-1961).
[Madhya Pradesh] :
The following proviso shall be added to Order 17, rule 3:-
"Provided that in a case where there is default under this rule as well as default of appearance under rule 2, the Court will proceed under rule 2."-(27-8-1976).
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1. Subs. by Act 104 of 1976, section 68, for certain words (w.e.f. 1-2-1977).
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