Whether Exparte Decree

(2009) 7 MADRAS LAW JOURNAL – Page 869

Order 17, Rule 2 – Whether judgment and decree passed under Order 17, Rule 2 is a decree on merit or an Exparte decree – Two conditions to invoke Order 17(1) a substantial portion of evidence of any party has already been adduced and (2) whether said party failed to appear on any day to which the hearing of the suit is adjourned – When case was posted for further evidence defendant did not appear and evidence was closed – Failed to appear for arguments – Judgment delivered after hearing arguments – Therefore, it is decree on merits and not an exparte decree – Trial court rightly dismissed applications filed under Order 9 Rule 13 – Appeal dismissed.