if substantial portion of the evidence of any party had already been received and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court may in its discretion, proceed with the case as if such party' were present - IT is not an ex parte disposal, but a judgment rendered on merits. The application under Order 9, Rule 13, C.P.C. was rightly dismissed .

if substantial portion of the evidence of any party had already been received and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court may in its discretion, proceed with the case as if such party' were present - IT is not an ex parte disposal, but a judgment rendered on merits. The application under Order 9, Rule 13, C.P.C. was rightly dismissed .

Madras High Court

B. Champalal Jain vs Chewarchand Ashok Kumar And Co., ... on 13 March, 1986

Equivalent citations: (1987) 1 MLJ 20

Comments