Code of Civil Procedure, 1908–Sec. 11, Order 17, Rule 3–Applicability –Earlier suit was for eviction–After the written statement came on record, no further evidence was led by the plaintiff–View of Rent Controller that it was the duty of the plaintiff to prove the land-lord tenant relationship, therefore, the suit was liable to be dismissed and accordingly it was dismissed–High Court construed the order of Rent Controller as one under Rule 3 of Order 17–Whether proper ?–Held, no–Plaintiff did not care to call his witnesses and the proceedings were closed by the Rent Controller–The Words used by the Rent Controller, certainly do not mean dismissal either on merits or on default–This is not final decision of the suit within the meaning of Order 9, Rule 8 and Order 17, Rule 3–Impugned judgment and decree are liable to be set aside.
