Section 17. Dismissal of appeal for appellants' default

17. Dismissal of appeal for appellants' default.— (1) Where on the day fixed, or on any other day to which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed. 2[ Explanation. —Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.] (2) Hearing appeal ex parte .—Where the appellant appears and the respondent does not appear, the appeal shall be heard ex parte. 18. [ Dismissal of appeal where notice not served in consequence of appellant's failure to deposit cost .] Omitted by the Code of Civil Procedure (Amendment) Act , 1999 (46 of 1999) s. 31 ( w.e.f. 1-7-2002). 17. Procedure when defendant refuses to accept service, or cannot be found. —Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the serving officer, after using all due and reasonable diligence, cannot find the defendant,[2] [who is absent from his residence at the time when service is sought to be effected on him at his residence and there is no likelihood of his being found at the residence within a reasonable time], and there is no agent empowered to accept service of the summons on his behalf, nor any other person on whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Court from which it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed. 17. Production of shop-book.—( 1 ) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (XVIII of 1891), where the document on which the plaintiff sues is an entry in a shop-book or other account in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint, together with a copy of the entry on which he relies. 1. Ins. by Act 46 of 1999, s. 17 (w.e.f. 1-7-2002). 2. Subs. by Act 22 of 2002, s. 8, for sub-clauses (f) and (g) (w.e.f. 1-7-2002). 3. Added by Act 104 of 1976, s. 57 (w.e.f. 1-2-1977). 4. Subs. by Act 46 of 1999, s. 17, for rule 14 (w.e.f. 1-7-2002). 5. Subs. by Act 22 of 2002, s. 8, for sub-rule (3) (w.e.f. 1-7-2002). (2) Original entry to be marked and returned. —The Court or such officer as it appoints in this behalf, shall forthwith mark the document for the purpose of identification; and, after examining and comparing the copy with the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be filed. 18. [ Inadmissibility of document not produced when plaint filed. ] omitted by Act 22 of 2002 , s. 8 ( w. e. f. 1-7-2002). ORDER VIII 1[ Written statement, set-off and counter-claim ] 17. Time for inspection when notice given.— The party to whom such notice is given shall, within ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his pleader, or in the case of bankers' books or other books of account or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in Form No. 8 in Appendix C, with such variations as circumstances may require. 17. Application of rules 10 to 13.— The provisions of rules 10 to 13 shall, so far as they are applicable, be deemed to apply to any person who having attended in compliance with a summons departs, without lawful excuse, in contravention of rule 16. 17. Court may recall and examine witness.— The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit. 17A. [ Production of evidence not previously known or which could not be produced despite due diligence. ] omitted by the Code of Civil Procedure (Amendment) Act , 1999 (46 of 1999), s. 27 ( w.e.f. 1-7-2002). 17. Special directions as to accounts.— The Court may either by the decree directing an account to be taken or by any subsequent order give special direction with regard to the mode in which the account is to be taken or vouched and in particular may direct that in taking the account the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained with liberty to the parties interested to take such objection thereto as they may be advised. 17. Procedure on receiving application for execution of decree. —(1) On receiving an application for the execution of a decree as provided by rule 11, sub-rule (2), the Court shall ascertain whether such of the requirements of rules 11 to 14 as may be applicable to the case have been complied with; and, if they have not been complied with,[2] [the Court shall allow] the defect to be remedied then and there or within a time to be fixed by it. 17. Attendance and examination of witnesses before Commissioner .—(1) The provisions of this Code relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and penalties to be imposed upon, witnesses, shall apply to persons required to give evidence or to produce documents under this Order whether the commission in execution of which they are so required has been issued by a Court situate within or by a Court situate beyond the limits of[2] [India], and for the purposes of this rule the Commissioner shall be deemed to be a Civil Court: 1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). 2. Subs. by Act 2 of 1951, s. 3, for "the States". 1[Provided that when the Commissioner is not a Judge of a Civil Court, he shall not be competent to impose penalties; but such penalties may be imposed on the application of such Commissioner by the Court by which the commission was issued.] (2) A Commissioner may apply to any Court (not being a High Court) within the local limits or whose jurisdiction a witness resides for the issue of any process which he may find it necessary to issue to or against such witness, and such Court may, in its discretion, issue such process as it considers reasonable and proper.