Question
Under Order 16 of the Code of Civil Procedure, 1908,
what is the consequence of the plaintiff's failure to proceed with the case?Solution
Order 16, Rule 1 provides that if the plaintiff does not produce evidence or fails to proceed with the suit, the court may dismiss it or permit it to proceed at its discretion. This is a procedural safeguard against frivolous suits while allowing genuine cases to proceed if the plaintiff provides reasonable cause for delay. The court's discretion should be exercised judicially. [Citation: Order 16, Code of Civil Procedure, 1908]
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