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Bare acts > Code of Civil Procedure, 1908 > Order 17 Rule 3


3. Court may proceed notwithstanding either party fails to produce evidence, etc.- Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the court may, notwithstanding such default,—

(a) if the parties are present, proceed to decide the suit forthwith; or

(b) if the parties are, or any of them is, absent, proceed under rule 2.


Allahabad.- In Rule 3, put a comma after the first word “where” and insert thereafter the words “in a case to which Rule 2 does not apply”. (17.1.1953).

Andhra Pradesh.- Add the following proviso:

“Provided that in a case when there is default under this rule as well as default of appearance under Rule 2 the Court will proceed under Rule 2.” (27.4.1961).

Madhya Pradesh.- Same as Andhra Pradesh (27.8.1976).






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