Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XVII, Rr.2 & 3---Closure of right of a party to lead evidence---Scope---Such right could not be closed unless established on record that such party had obtained the preceding date---Where adjournment of proceedings on previous date was in routine manner without request of either party, then provision of O.XVII, R.3, C.P.C. would not apply---Parties ought to be provided an adequate opportunity in order to save their valuable rights from being trampled on technical grounds. Sheikh Khurshid Mehboob Alam v. Mirza Hashim Baig and another 2012 SCMR 361; Maulvi Abdul Aziz Khan v. Mst. Shah Jahan Begum and 2 others PLD 1971 SC 434 and Lal v. Ghulam Mohd. and others PLD 1975 Lah. 385 ref. (b) Civil Procedure Code (V of 1908)--- ----Ss.114, 115, O. IX, Rr. 3, 4, O. XVII, Rr.2, 3 & XLVII, R.1---Pendency of application for restoration of suit dismissed for non-prosecution---Non-appearance of both the parties on adjourned date of hearing fixed for applicant's evidence---Dismissal of such application by Trial Court for non-prosecution and non-production of evidence---Application for restoration of such dismissed application filed on the same day, which was dismissed by Trial Court for not being maintainable---Applicant's plea that his application for restoration of such dismissed application was maintainable under O.IX, R.4, C.P.C. as adjourned date of hearing had not been granted on previous date at his request---Respondent's plea that word "or" as used in O.XVII, R.2, C.P.C. would amount to "and" empowering court to dismiss suit on grounds of non-prosecution and non-production of evidence simultaneously, thus, impugned order was valid---Validity--While exercising powers under O.XVII, R.3, C.P.C. record must show that preceding date had been obtained by defaulting party, otherwise his right to lead evidence could not be closed---Power of court to "make such other order as it thinks fit" would relate to a case in which some material in form of evidence was available on record---In absence of plaintiff and any evidence on record, provisions of O.XVII, R.3, C.P.C. would not apply, rather R.2 thereof would be attracted and…

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