Rule 3 of CPC : Rule 3: Court may proceed notwithstanding either party fails to produce evidence, etc.

Explanation using Example

Example 1:

Rajesh files a civil suit against Suresh for breach of contract in a district court in Mumbai. The court grants Rajesh additional time to produce key evidence and bring his witnesses to court. However, on the scheduled date, Rajesh fails to produce the evidence and his witnesses do not appear. Suresh and his lawyer are present in court. According to Rule 3 of Order XVII of The Code of Civil Procedure 1908, the court decides to proceed with the case despite Rajesh's failure to produce evidence. The judge hears the arguments from both sides and makes a decision based on the available information.

Example 2:

Meena files a lawsuit against her neighbor, Anil, for encroachment on her property in a civil court in Delhi. The court grants Anil time to submit his evidence and bring his witnesses. On the day of the hearing, Anil does not show up, nor does he submit any evidence. Meena and her lawyer are present in court. Under Rule 3 of Order XVII, the court decides to proceed with the case in Anil's absence. The judge considers Meena's evidence and arguments and proceeds to make a judgment based on the merits of the case presented by Meena.