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THE FIRST SCHEDULE · ORDER XVII Adjournment

Order XVII Rule 2: Procedure if parties fail to appear on day fixed

The Code of Civil Procedure, 1908

Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or make such other order as it thinks fit.

1[Explanation.—Where the evidence or a substantial portion of the evidence of any party has already been recorded 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.]

Footnotes in the official text

  1. 1.The Explanation ins. by Act 104 of 1976, s. 68 (w.e.f. 1-2-1977).

Questions on this rule

1 question in 8 of our papers cite Order XVII Rule 2. Try these from the free papers:

  1. 1. In a suit, the plaintiff has closed his evidence and a substantial portion of the defendant's evidence has been recorded. On the next date to which the hearing is adjourned, the defendant fails to appear. Under the Explanation to Order XVII Rule 2 CPC, the court:

Practise questions on Civil Procedure Code