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Arun Kumar (Student)     19 February 2022

Discretion of court to decide suit on merits when plaintiff after chief failed to appear for cross.

Dear experts, If plaintiff after submitting proof affidavit and completing Chief Examination did not appear for cross examination will explanation under Order 17 Rule 2 CPC and Order 17 Rule 3 CPC applies and Suit will be dismissed on merits or it is mere dismissal for default under Order 9 Rule 9 CPC.



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Advocate Bhartesh goyal (advocate)     20 February 2022

In such a situation court has no option but to proceed as per order 17 rule 2 of cpc for dismissal of suit.


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