2022 SCMR 1793
O . XVII , R. 3 --- Court may proceed notwithstanding either party fails to produce evidence --- Scope... Expression " to decide the suit forthwith " used in Order XVII , Rule 3 , C.P.C. did not mean to decide or dismiss the suit there and then --- Court , while implementing the provisions of Order XVII , Rule 3 , C.P.C. can take time to go through the available record and then decide the matter --- Even , in case of failure of a party to comply with the order within the contemplation of said provision of law , the Court can ask the failing party to record its statement and then to proceed with the matter --- In such like situation , if the failing party is the plaintiff , who records its own statement , the Court can ask the other party / defendant for defence / rebuttal evidence --- In the present case on failure of the petitioners / plaintiffs to comply with the orders of the Court regarding production of their remaining evidence , the Trial Court , by invoking the provisions of Rule 3 of Order XVII of the C.P.C, struck off their right to adduce evidence and straight away dismissed the suit without even touching merits or available evidence on the record - Petition for leave to appeal was converted into appeal and allowed , and the case was remanded back to the Trial Court to decide the same within a period of three months .
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