Respected Ld. members of the bar...
In a suit, judgment and decree was passed on merits by the learned Judge when the defendant was not cross examined by the plaintiff counsel due to the counsel’s illness. Even assuming the plaintiff counsel has defaulted in not cross examining the defendants after a couple of chances afforded , can judgment be made on merits, as the defendants cross examination is not commenced ?. initially a dismissal order was passed and after a month, judgment was passed on merits
If decree cannot be made on merits when defendant is not examined (or the trial is not completed), please provide a good citation to support it.
Thanx in advance
