Law: Code Of Civil Procedure, 1908.

Section: XXXVII

REMARKS

Even, if the defendant are placed ex-parte, the Court can still demand sufficient evidence from the plaintiff to prove the claim. This is important for ensuring the judgment is based on solid proof.

Summary:
The petitioner filed a civil revision against an order directing him to deposit diet money for official witnesses and present his private witnesses in a summary suit under Order XXXVII CPC for recovery of Rs. 2,304,000. He argued that the trial court should have decreed the suit ex-parte without requiring evidence. The court held that even in ex-parte summary suits, the plaintiff must present sufficient evidence to prove the claim, especially for large amounts, to ensure fairness and natural justice. Petition dismissed in limine.