— Dismissal of suit for non-production of evidence — Appearance of parties on transfer of suit — Scope — The petitioners initiated legal action seeking declaration with permanent and mandatory injunction against the respondents — However, the petitioners failed to present their evidence as required by the trial Court — Consequently, the trial Court, citing Order XVII, Rule 3 of the Code of Civil Procedure dismissed the suit due to lack of evidence — Validity — High Court observed that the case was transferred from one Court to another under an administrative order without issuing notice to the parties or their counsel — The absence of such notice violated procedural norms, as the transfer was not under the specific provisions outlined in section 24-A(2) of the Code of Civil Procedure, where parties are directed to appear before the transferee Court — The impugned order was harsh, especially considering that the petitioners were not informed about the transfer, preventing them from presenting their evidence — Moreover, they were not warned about the consequences of their failure to produce evidence — This failure to inform the petitioners contravened the principle that cases should be decided on their merits, with technicalities not impeding the administration of justice — High Court remanded the case to the trial Court. [2024 CLS 5 = 2024 CLC 49 = 2022 LHC 6996]

— Court may proceed notwithstanding either party fails to produce evidence — Scope — Order XVII, R. 3, CPC clearly reflects that when specific date of hearing is fixed or time is granted to any party of the suit, to produce evidence or to cause attendance of the witnesses or to perform other act(s) necessary for the progress of the suit, it becomes obligation of the party concerned to take efficient measures towards the same and when this step is to produce evidence or cause the attendance of the witnesses, hardly any choice is left with the litigants but to comply with the orders — The avoidance of order to produce evidence or to cause attendance of witnesses, the Court is required to proceed further and in appropriate circumstances / cases, the Court is fully empowered to settle the issue and decide the case. [2024 CLS 3 = 2024 CLC 29 = 2022 LHC 3672]