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Showing contexts for: Amendment Mode in M.S. Khalsa vs Chiranji Lal And Ors. on 11 December, 1975Matching Fragments
10. The difficulty, however, arises when a party which is treated or deemed as present and does not do anything or engages a counsel for the purpose of making any application on the adjourned date, will its case fall out of the ambit of Rule 2 and the court will have no power to dispose of the suit in one of the modes directed in that behalf by Order IX? The amendment made by this Court is clear in one respect that the court at its discretion can dispose of a suit if the party which is absent has already adduced its evidence wholly or substantially either in one of the modes allowed by Order IX of C.P.C. or can make any other order it thinks fit. In such a case also Rule 3 will not apply as it would be covered by Rule 2.