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Central Act · India · ORDER XVII — Adjournment

Order XVII Rule 2 CPC Procedure if parties fail to appear on day fixed

Code of Civil Procedure, 1908 · Edition: User-supplied Law Library CPC page, attributed to India Code as on 10 January 2026; retrieved 6 November 2026

Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or make such other order as it thinks fit.

1[Explanation.—Where the evidence or a substantial portion of the evidence of any party has already been recorded and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court may, in its discretion proceed with the case as if such party were present.]

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Judgments on Order XVII Rule 2

LOK 2026 (11) Ker. 61 · High Court of Kerala

Shibu V.K. v. Shyju V.K.

Equivalent citations: 2026 KER 85111

SubjectCivil Procedure
JudgesJustice T.R. Ravi
ActsCode of Civil Procedure, 1908 (Order IX Rule 13; Order XVII Rule 2 (Explanation))

Where a counsel reports “no instructions” and the absent party is informed neither by the counsel nor by the court, an ex parte decree passed without any evidence ought to be set aside under Order IX Rule 13 so that the suit is decided on merits.

LOK 2026 (11) Ker. 46 · High Court of Kerala

Shafeeq Razak v. P.M. Abdul Lahir & Another

Equivalent citations: 2026 KER 84662

SubjectCivil Procedure, Ex Parte Decree
JudgesJustice Soumen Sen, Justice Syam Kumar V.M
ActsCode of Civil Procedure, 1908 (Order IX Rule 13; Order XVII Rules 2 and 3)

When a defendant is absent on the adjourned hearing date and the suit proceeds under Order XVII Rule 3(b), Rule 2 governs the disposal and an application under Order IX Rule 13 is available. The Court granted a final opportunity to contest the suits on payment of costs.