Supreme Court · 2003 INSC 214 · Decided 3 April 2003
B. Janakiramaiah Chetty v. A.K. Parthasarthi and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 214 · [2003] 3 S.C.R. 369
- Case number
- CIVIL APPEAL No. 2690/2003
- Decided
- 3 April 2003
- Bench
- SHIVARAJ V. PATIL, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Civil Procedure Code, 1908: Order JX and Order XVJJ, Rule 2 and Explanation thereunder: Suit-Hearing of-Absence of Party/Parties-Effect of-Held, Court has been conferred with discretionary power which is permissive and not mandatory to be exercised in the circumstances mentioned therein-When A B c dispose of the matter as if party was present/deemed to be present. D Order XVJJ Rules 2 and 3: Suit-Hearing of-Absence of Party/parties- Applicability of­ Distinction between-Rule 2 and Rule 3-Discussed. Words & Phrases: 'Where the evidence or substantial portion of the evidence
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