Law:

Section:

Civil Procedure Code (V of 1908)---

----0. XVII, R.3---Defendants' failure to produce evidence on the last chance granted to them, culminated into a decree granted in favour of plaintiffs-- Validity---Provision of OXVII, R.3, Civil Procedure Code was permissive and not mandatory---Court was required to decide the case forthwith on merits and in that process Court was to hear the arguments of parties and give judgment on each and every issue in the light of the evidence brought on record---Court was not supposed to grant a decree to plaintiffs as against defendants without hearing arguments and decision on each issue--Plaintiff's case could be dismissed in spite of evidence on record, if the same did not prove plaintiff's case---Courts below in decreeing the suit summarily, had acted ilega ly and with material, irregularity---Defendants having failed to produce evidence in spite of last opportunity were granted a further opportunity to produce their evidence on payment of heavy costs---Case was remanded for further proceedings in accordance with law.

JUDGMENT