Civil Procedure Code Order XVII AX, R 9, O XVII, Rr 2, 3 and CP 115 adjournments dismissed the filing for non-evidence after the expiry of the evidence, the trial proceeded in trial court. The Applicant / Respondent's position was that the appeal was unenforceable and the appropriate remedy was an application under O XVII, read with R 2 O IX, R 9, the CPC's trial court upheld the provisions of O XVII. Improperly applied, R 3, CPC since there was no evidence on record to enable the court to decide a competent case where the order under O XVII, R 3, passed the order Was done, the appropriate treatment for CPC was to be filed for the aggrieved party. No appeal was found in the order of the Appellate Lower Appellate Court; the High Court refused to interfere with the review.
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