Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.3

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--- -O. XVII, R. 3-Constitution of Pakistan (1973), Art. 185(3)---Closing of evidence---Despite many opportunities for recording of evidence, the plaintiff failed to produce any evidence---Trial Court proceeded under O.XVII, R.3, C:P.C., closed the evidence and the suit was dismissed for no evidence---Judgment and decree passed by the Trial Court was maintained by High Court in exercise of appellate jurisdiction--­Validity---Order passed by Trial Court for clesing of evidence was ih accordance with law, as the same was passed on the date which was fixed on the plaintiff's request after affording him a number of opportunities for production of evidence---Dismissal of appeal by High Court by affirming the and decree of Trial Court did not suffer from any illegality---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.---The petitioner filed a suit for specific performance of agreement. The case was fixed for 29-2-2001 for recording his evidence who 'had earlier been given a number of opportunities. On the said date learned Presiding Officer of the Court was on leave therefore, the case was adjourned to 11-4-2001 for recording the evidence of the petitioner. On the said date the petitioner again requested for adjournment which was given to him and the case adjourned to 2-5-2001 on which date he again failed to produce evidence therefore, the trial Court proceeded to close his evidence under Order XVII, rule 3, C.P.C. and also proceed to dismiss the suit as there was no evidence to prove the execution of the said agreement 2. The petitioner filed appeal before the High Court against the said judgment and decree. During the pendency of the appeal the respondent appeared and placed ' on record award dated 1-5-2001 delivered by the Arbitrator appointed by the parties through agreement dated 29-3-2001. The learned counsel for the petitioner got an adjournment for the purpose of contacting the petitioner in order to ascertain…

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