JUDGMENT The only grievance of the defendant by filing this revision was that learned trial Judge was not justified in dismissing the application made by defendant under Order 17 Rule 3. It was their case in the trial Court that plaintiff indulged into delaying tactics though several opportunities were being granted from time to time. The learned trial Judge dismissed the application under Order 17 Rule 3 and declined to exercise the discretion to pass orders on application under Order 17 Rule 3, instead adjourned the case for giving an opportunity to the plaintiff to lead evidence on merits. It is this order which is impugned in this revision. In my opinion, grievance made by the defendant is not well founded and does not constitute the proper fact and the trial Judge was justified in dismissing the application under Order 17 Rule 3. Taking into account overall aspect of the case, I direct the trial Court to fix the case for evidence of the parties and record the evidence of the plaintiff on an early date and dispose of the suit expeditiously by giving opportunity to both parties. Needless to observe that trial Court will ensure that plaintiff does not indulge into any delaying tactics and leads evidence on merit. Failure to do so will result into dismissal of the suit. Revision being devoid of substance is dismissed with the aforesaid observations.