If on the date of trial the defendants is absent the court cannot proceed under Order 17, Rule 3, Civil Procedure Code, but should proceed under Order 17, Rule 2, Civil Procedure Code by setting the defendant ex parte and decreeing the suit after recording the evidence, if the plaintiff's claim is proved.

If on the date of trial the defendants is absent the court cannot proceed under Order 17, Rule 3, Civil Procedure Code, but should proceed under Order 17, Rule 2, Civil Procedure Code by setting the defendant ex parte and decreeing the suit after recording the evidence, if the plaintiff's claim is proved.

Madras High Court

Chidambaram vs Kalidas And Ors. on 25 March, 1976

Equivalent citations: AIR 1977 Mad 108, (1977) 1 MLJ 46

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