Code of Civil Procedure, 1908–Order 9, Rule 8 & Order 17, Rules 2 & 3– Suit for cancellation of sale deed–Dismissed on the grounds of merits after giving the several opportunities of evidence–Counsel for plaintiff pleaded no instruction–However, trial Court did not issue the show cause notice to plaintiff and dismissed the suit for default–Whether justified ?–Held, no–Trial Court could not have dismissed the suit on merits unless the case was falling within the explanation of Rule 2 of Order 17–Impugned order set aside and matter remanded back to proceed from the stage of evidence of plaintiff.
