(1.) THIS Civil Miscellaneous Appeal arises against the Order of the learned District Judge, Nagappattinam in I.A.No.2 of 2005 in O.S.No.34 of 2004 dated 22.09.2006.
(2.) THE relevant facts are as follows:
(3.) THUS, the Full Bench of this Court had considered that the provisions of Order 17 Rule 3 could be brought into play only where the case has been closed on both sides and the adjournment was only for argument as otherwise, it would be difficult to arrive at a satisfactory decision on the materials before it. THUS, it is apparent that 'consideration of materials before it' is necessary to arrive at a finding under Order 17 Rule 3.