https://www.taxtmi.com/caselaws?id=156519 An ex parte decree cannot stand unless the plaintiff proves the pleaded case with reliable and admissible evidence, even where the defendant remains absent. The plaintiff's sole witness failed to establish the pleaded version, and later affidavit material could not cure the deficiency because affidavit evidence is not substantive evidence except as permitted by the Code of Civil Procedure. Where the recorded evidence shows the claim is not established and further factual issues may arise, retrial may be ordered in the interest of justice. The High Court's orders were set aside and the suit was remanded for fresh disposal. en-us Tue, 26 Apr 1988 00:00:00 +0530 Sat, 21 Sep 2013 10:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=156519 An ex parte decree cannot stand unless the plaintiff proves the pleaded case with reliable and admissible evidence, even where the defendant remains absent. The plaintiff's sole witness failed to establish the pleaded version, and later affidavit material could not cure the deficiency because affidavit evidence is not substantive evidence except as permitted by the Code of Civil Procedure. Where the recorded evidence shows the claim is not established and further factual issues may arise, retrial may be ordered in the interest of justice. The High Court's orders were set aside and the suit was remanded for fresh disposal. Case-Laws Indian Laws Tue, 26 Apr 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=156519