Code of Civil Procedure, 1908–Order 17, Rule 3–Applicability–If the plaintiff fails to discharge the burden placed on him in view of the pleadings and consequent issues despite the opportunity afforded to him, the case may not be adjourned for his evidence ad infinitum and the Court must at some stage or the other decide for want of evidence–The existence of material would not necessarily mean the existence of evidence–If the suit can be decided despite the lack of evidence on the material before it, then in such circumstances, Order 17, Rule 3 of the CPC would govern the case.
