Plaintiff's case on the due date for evidence AXVII, Rr 2, 3 and O IX, R 8 neither appeared nor presented the evidence before the trial court dismissing the case under Order XVII, R 2. Rule 3 CPC accuracy record revealed that on the due date for recording the evidence, none of the parties' suit was available, in the circumstances only action could not be taken under Order XVII, Rule 2, CPC. And most of the case could have been excluded by the court for a non-prosecution order. There was no jurisdiction so put aside right away in the first appeal
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