case to which Rule 2 does not apply. Thus the cases which are covered by Rule 2 of Order XVII will not fall within ... XVII, Rule 3, are such that an order under Rule 2 could be justified, the order can be treated as one under Rule 2
matter was reserved for orders and the judgment eventually pronounced. It is not, therefore, a case whether Order XVII Rule 2 CPC could be invoked ... provisions of Order XVII Rules 2 & 3 and observed:
In Rule 2, the expression used is "make such order as it thinks
XVII Rule 2 or Rule 3 applied. The opinion expressed was that Rule 2 should apply because the conditions laid down by Rule 2 ... absents himself can a suit be decided under Order XVII Rule 3? Order XVII Rules 2 and 3 read as follows :-
"Rule 2 -- Where
under Rule
2 the court will proceed under Rule 2. (27-04-1961).
Thus, from the Proviso annexed to Rule 3 of Order XVII ... Rule
2 the distinction between Rules 2 and 3 is clear and
the power to act as laid down therein is
discretionary.
Rules 2
Order XVII Rule (1) the Court may grant time and adjourn the hearing of the suit. In terms of Order XVII Rule 2 ... pass a decree in terms of Order VIII Rule 10. Order VIII, Rule 5 and Order VIII Rule 10, therefore, operate at different stages
correctly paraphrased Order XVII Rule 3 and found that in order that
clause (a) of Rule 3 of Order XVII be attracted, the following conditions ... 2 coupled with
default under Order XVII Rule 3, disposal must be held to be under
Order XVII Rule 2 and not under Rule
Hence Order XVII Rule 3 would be attracted. He submitted that in any event Order XVII Rule 2 empowers the court to pass ... XVII Rule 2. Unamended Order XVII Rule 3 did not provide for the courts falling back on Order XVII Rule 2 in case parties
XVII Rules 1, 2 and 3 as well as Order IX Rules 8 and 9. The Court
held that Rule 2 of Order XVII only ... Order 17, Rule 2. If one has to revert back under
Order 17, Rule 2 necessarily one has to make an
application under Order
passed under the provisions of Order XVII Rule 2 or Order XVII Rule 3 of the Code of Civil Procedure (hereinafter referred ... adopting the procedure contemplated under the Explanation to Order 17 Rule 2 r/w Order 17 Rule (3)(a).
14. Therefore, the remedy that
Order IX Rule 4 or Order IX Rule 9 of the CPC as the case may be.
That for the purposes of Order XVII Rule ... called upon to adduce such
evidence, the order of dismissal is an order under Order XVII Rule 2 and
not under Order XVII Rule
