The suit can be decided on merit under O.17 R.3 of CPC if there is some material though it may not be strictly evidence: Supreme court.
The supreme court in the matter of Prem Kishore & ors v/s Brahm Prakash & ors held that a suit can proceed underorder 17 rule 3 of CPCeven in the absence of evidence provided the opposing party has led some evidence or has examined a substantial part of such evidence. Read more









