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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XVII: Adjournment

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

Bare Act text

2. Procedure if parties fail to appear on day fixed.—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.

[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.]

Amendment notes

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

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where, on a day to which the hearing has been adjourned, the parties or any of them fail to appear, the Court may dispose of the suit in one of the modes directed by Order IX, or make such other order as it thinks fit. Where a party's evidence, or a substantial portion of it, has already been recorded and that party fails to appear, the Court may in its discretion proceed as if the party were present. The Explanation was inserted by the 1976 amendment.

Order XVII: Adjournment

  1. 1 Court may grant time and adjourn hearing
  2. 2 Procedure if parties fail to appear on day fixed
  3. 3 Court may proceed notwithstanding either party fails to produce evidence, etc
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