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.