Y. P. Lele vs. Maharashtra State Electricity Distribution Company Ltd. & Ors. (SC)

Code of Civil Procedure, 1908–Order 17, Rule 2 & Order 9, Rule 13–View of High Court that the ex parte decree could not have been set aside by the trial Court because it had directed to proceed under Order 17, Rule 2–Suit was admittedly at the stage of evidence of plaintiff–Evidence of defendant had not even started and the defendant’s counsel had not even cross-examined the plaintiff’s evidence–Explanation of Order 17, Rule 2 can be invoked only if the plaintiff after adducing his evidence or substantial evidence, failed to appear, the Court could have recorded his presence while disposing of the suit–High Court committed error in applying the explanation to Order 17, Rule 2.