Arun Kumar (Student) 19 February 2022
Dear experts, If plaintiff after submitting proof affidavit and completing Chief Examination did not appear for cross examination will explanation under Order 17 Rule 2 CPC and Order 17 Rule 3 CPC applies and Suit will be dismissed on merits or it is mere dismissal for default under Order 9 Rule 9 CPC.
Advocate Bhartesh goyal (advocate) 20 February 2022
In such a situation court has no option but to proceed as per order 17 rule 2 of cpc for dismissal of suit.
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