Order 17 Rule 2 & Order 18 Rules 4 & 5 of CPC - RULING BY SUPREME COURT

(2012) 2 MADRAS LAW JOURNAL – Page 595 – SUPREME COURT

Order 17 Rule 2 and Order IX Rule 7 of CPC – Non-appearance of parties – Suit for declaration and permanent injunction – Non-examination of plaintiffs witnesses by defendants despite getting opportunity – Right of defendants to cross-examine close by trial court – Non-appearance of defendants or counsel on next dates – Exparte proceedings against defendants – Legality of – Plaintiffs counsel heard and suit closed for pronouncement of judgment – Evidence of plaintiff un-rebutted and unchallenged – No question of further proceedings once suit closed for pronouncement of judgment – Order 9 Rule 7 not applicable – Trial court justified in ordering suit to proceed exparte for disposal in case both parties or either of parties fail to appear as in Order 9 – Decreeing of suit by trial court, not illegal.

Order 18 Rules 4 & 5 – Recording of evidence – Examination-in-chief of witnesses through affidavits – Whether to be treated as evidence without entry of deponent into witness box and confirmation of contents of affidavits – Examination-n-chief by means of affidavit, always sworn before oath commissioner/Notary – Witnesses not required under Order 18 Rule 5 to enter witness box for production of his affidavit and formally prove it in appealable cases, as he is required to enter witness box in cross-examination – Examination-in-chief of witness in form of affidavit entitled to be treated as evidence.