3. Court may proceed notwithstanding either party fails to produce evidence, etc.—Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed [the Court may, notwithstanding such default,
(a) if the parties are present, proceed to decide the suit forthwith; or
(b) if the parties are, or any of them is, absent, proceed under rule 2.]
Amendment notes
- Subs. by s. 68, ibid., for certain words (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.
Where a party to whom time has been granted fails to produce evidence, to cause his witnesses to attend, or to do any other act necessary for the suit's further progress for which time was allowed, the Court may proceed despite that default. If the parties are present, it may decide the suit forthwith; if the parties or any of them are absent, it may proceed under rule 2. This wording was substituted by the 1976 amendment.
