Order XVII, C.P.C .?
(5) Whether an order by the Court that it was proceeding or passing a decree under Order XVII, Rule 3 ... order, in law and substance, Is an order under Order IX, though purported to be passed under Order XVII, Rule 3, it would cause much
passed under Rule 2 since Order 9 Rule 13 does not apply to a decree passed under Order 17 Rule 3. The next decision ... Order IX. At the same time in view of Rule 1, Order XVII, the Court is also empowered to grant an adjournment. Rule 3 contemplates
when Rule 2 or Rule 3 of Order 17 would apply. We
quote the relevant observations of the Full Bench as under:-
“18. Rule ... Order XVII Rule 3.
We are unable to agree with the interpretation given in the Full
Bench Madras case that Rules 2 and 3
various High Courts of India regarding the applicability of Order XVII Rule 2 or Rule 3 Civil Procedure Code we might also notice ... expressed was that Rule 2 should apply because the conditions laid down by Rule 2 and Rule 3 coincided and Rule 3 being restrictive
Order XVII
of CPC , not under Rule 2 of Order XVII of CPC and the appellate
court without considering the explanation annexed to Rule 3 ... Order XVII of CPC
invoking the explanation to Rule 2 of Order XVII of CPC , ignoring
the AP amendment to Rule 3 of Order XVII
3 but was an order passed under Order XVII, Rule 2. The provisions of Order XVII, Rules 2 and 3 as amended by Andhra Pradesh ... covered by Rule 2 of Order XVII C. P. C. and whether the Court has jurisdiction to pass an order under Rule 3 of Order
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 ... Rule 2. In the case of default under Order XVII Rule 2 coupled with
default under Order XVII Rule 3, disposal must be held
said
order is binding not only on the parties, but on this court as
.
well.
24 Order XVII Rule 3 CPC reads as under ... under Order 7 Rule
3 and not Rule 1 and it was observed as under:
.
"In order that the provisions of R.3 should
suit for default under Order IX, Rule 8 and the dismissal of a suit in terms of Order XVII, Rule 3 CPC . If a suit ... hearing, Order XVII, Rules 2 and 3, provide different alternatives for the Court. Rules 2 and 3 of Order XVII read as follows
Therefore, there was no explanation to unamended Order XVII Rule 2. Unamended Order XVII Rule 3 did not provide for the courts falling back ... disposed of not in accordance with Order XVII Rule 2 but in accordance with Order XVII Rule 3, and, therefore, the application under Order
