Law:

Section:

Civil Procedure Code (V of 1908) --- ----O. XVII, R. 3---Specific Relief Act (I of 1877), S.12---Suit for specific performance of contract---Closure of evidence---Scope---Defendants were present in the court who paid cost to the other party---Partial statement of one of the defendants was recorded and next date of hearing was fixed for statement of remaining defendants---Trial Court started recording of statement of one of the defendants as witness but did not complete his statement on the said date and passed the impugned order for closing the remaining evidence of the defendants---Closing of remaining evidence by the Trial Court on the same day was not just and proper---Counter suit was also pending before the Trial Court and both the suits were to be disposed of through a single ---Opportunity for production of evidence should be provided to the defendants---Impugned order was set aside and Trial Court was directed to provide an opportunity for production of remaining evidence to the defendants which should be completed on the date fixed for the same---Revision was accepted in circumstances. ORDER MUNIR AHMED CHAUDHARY, J.--- This revision petition has been filed against the orders of District Judge Mirpur dated 27-12-2013 and 10-1-2014, through which evidence of the present petitioners/defendants was closed. 2. Brief facts giving rise to the present revision petition are that the respondent/plaintiff Amjad Naheem Qureshi filed a suit for cancellation of a gift-deed including specific performance of an agreement. The case was under process and at the stage of recording evidence of the present petitioners/defendants. On 27-12-2013, the date of hearing was fixed for evidence on behalf of the petitioners/defendants. No witness of the petitioners was present in the court and an opportunity was provided to the petitioners/defendants against a cost of Rs.500 and next date of hearing was fixed as 10-1-2014. On 10-1-2014, the petitioners/ defendants were present in the court and statement of the petitioner/ defendant No.2 Ameer Afzal was recorded partially and the remaining evidence of the petitioners/defendants was closed. Feeling aggrieved, the present petitioners…

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