Supreme Court · 2019 INSC 123 · Decided 1 February 2019
G. Ratna Raj (D) BY LRS. v. Sri Muthukumarasamy Permanent Fund LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 123 · [2019] 1 S.C.R. 845
- Case number
- CIVIL APPEAL No. 2582/2011
- Decided
- 1 February 2019
- Bench
- ABHAY MANOHAR SAPRE, DINESH MAHESHWARI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - Or.XVII, r.2, Explanation - Applicability of - In order to attract Explanation to Or.XVII, r.2, the party which has led evidence and has led substantial part of the evidence if fails to appear on any day to of the case is adjourned, the Court may treat "such party" as "present" on that day and is accordingly empowered to proceed in the suit - In the instant case, the defendants were proceeded ex parte - It was defendant who did not lead the evidence and therefore,
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