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mentioned in Order 17(3)(b) to proceed under Rule 2. The
language of amended Rule 2 also lays down ... into that question. Order 17 Rule 2 and Rule 3 as they now
stand reads:
"Order 17, Rule 2: Procedure
Supreme Court of India
defendants, that it
was acting under Order 17, Rule 3 cannot make Order 17, Rule 3
applicable. That the Court ... compromise. The suit is therefore decided today under Order
17, Rule 3, Civil P.C.
4. The defendants
Allahabad High Court
Rule 3 of Order 17, Civil P. C. I accordingly
proceed to hear the suit under Order 17, Rule ... proceeded under Order
17, Rule 3, are such under which an order under Order 17, Rule 2 read
with Order
Allahabad High Court
previous order of the
27th of August. 1923, was an order passed under Order 17, Rule 3, and
that therefore ... been allowed, Order 17, Rule 2 and not Rule 3 would apply and that Rule
3 can only apply
Allahabad High Court
terms for default was substantially
an order under Order 17, Rule 3. The order, therefore, had the force ... terms whether it acted under Order 17, Rule 3 or under Order 17, Rule
2, it has to be determined
Gauhati High Court
disputed is that Order 17 enables a Court to decide a case either under Order 17, Rule 3 or under ... order in law and substance is an order under Order 9 though purported to be under O.17
Madras High Court
under Rule 2 since Order 9 Rule 13 does not apply to a decree passed
under Order 17 Rule ... Rule 2 or under Rule 3,
the Court must lean in favour of holding that the case falls under Rule
Madhya Pradesh High Court
Order 17, Rule 3, is coupled with the default of
appearance .....Rule 3 of Order 17, applies where a party ... trial Court was under Order 17,
Rule 2, Civil P. C., and not under Rule 3.
6. Therefore, the petitioner
Madhya Pradesh High Court
Order 17, Rule 3. Subsequently, the
defendant, treating this decree as one passed ex-parte under Order 17,
Rule ... passed
in the redemption suit under Rule 2 or Rule 3 of Order 17, our opinion
is that the decree
Allahabad High Court
ground that the order of the 19th May was an order passed under
Order 17, Rule ... merits mentioning that it was passing
an order under Order 17, Rule 3, Civil
Allahabad High Court
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