SHIV DAYAL, J. ( 1 ) THE following questions have been referred by a learned single Judge for decision by a Division Bench:-" (1) Whether it is open to the Court to proceed under Order 17, Rule 3, c. P. C. , in the absence of a party? (2) Where the Court proceeds under Order 17, Rule 3 in the absence of a party and the conditions laid down in the said Rule are fulfilled, whether the order can still be construed as one under Order 17, Rule 2, merely on the ground that it was not expedient for the Court to do so?"

( 2 ) THE revision-petitioner filed in the Court of Small Causes a suit against the respondent for recovery of money. On October 7, 1967, which was the date for disposal of the suit, the defendant filed his written statement denying the claim. However, at the request of the plaintiff the hearing was adjourned to November 8, 1967, for evidence, subject to payment of Rs. 4/-as costs. On the last mentioned date, when the case was called on for hearing in the early hours, the plaintiff did not appear; and his counsel, though present, requested for time till 1 P. M. When equivalent Citation: the case was again taken up at about 1 P. M. , neither the plaintiff nor his counsel appe

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