Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XVII, R.3---Failure to produce evidence---Closing of evidence---Dismissal of suit---Plaintiffs had been provided ample opportunities and repeated last chance for production of evidence, but they had failed to produce the same---Evidence of plaintiff was struck off and the suit was dismissed---Validity---Court could not compel the plaintiffs to have produced their evidence rather it was their duty to have produced the same in order to substantiate their claim---When the court realized that the plaintiffs were not interested in producing their evidence, then it was left with no option but to strike off their evidence---Order of trial Court was unexception-able---Revision petition was dismissed. (b) Civil Procedure Code (V of 1908)--- ----O.XVII, R.3---Failure to produce evidence---Negligence of plaintiff---Closing of evidence---Dismissal of suit---Validity---Plaintiffs were not only negligent in producing their evidence but they did not care about the last chances provided and warnings given to them---Order passed by the learned Trial Court, closing the evidence of the plaintiff was unexceptionable---Revision petition was dismissed. Aftab Ahmad Khan and others v. Mst. Surayah Begum and 7 others PLD 2004 Pesh. 168 rel. ORDER MALIK MANZOOR HUSSAIN, J.---Petitioners, through instant Revision Petition, have impugned the concurrent findings of two courts below, whereby their suit against respondents was dismissed. 2. Brief facts of the case are that the petitioners filed a suit for declaration etc. on 20-5-2006 which was contested by the respondents by filing written statement. Issues were framed on 13-1-2006 and thereafter parties were directed to adduce their evidence but despite so many opportunities, the petitioners did not produce their evidence. So, the learned trial Court was left with no alternative but to close the evidence of the petitioners and accordingly, the same was closed under Order XVII Rule 3, C.P.C. Consequently, the suit was dismissed on 3-3-2013 by the learned Civil Judge, Charsadda which was challenged in appeal before the learned District Judge, Charsadda, who vide judgment and order dated…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492