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april 2003

Supreme Court of India · 2003-04-03

B. JANAKIRAMAIAH CHETTY vs A.K. PARTHASARATHI .

Citation / case number
SC 2002/5843
Court
Supreme Court of India
Petitioner
B. JANAKIRAMAIAH CHETTY
Respondent
A.K. PARTHASARATHI .
Bench
SHIVARAJ V. PATIL & ARIJIT PASAYAT

Judgment text excerpt

The case examines the scope and application of the Explanation to Order XVII Rule 2 of the Code of Civil Procedure, 1908, regarding the court's power to proceed when a party fails to produce evidence. The respondents sought to set aside an ex-parte decree passed after they failed to appear for the final hearing, claiming official duty. The core legal issue pertains to whether a suit can be dismissed or decreed when a party fails to comply with a direction for the production of evidence.

B. JANAKIRAMAIAH CHETTY vs A.K. PARTHASARATHI . · Niyam