Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XVII, Rr. 3 & 1 (3)---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of contract---Closure of evidence---Applicability---Expression "Proceed to decide the suit forthwith" occurring in R. 3, O.XVII, C.P.C.---Scope---Provisions of O. XVII, Rr. 1(3) & 3 were directory in nature as no penalty had been imposed upon non-production of evidence---Court might decide the case on the same day and it was for the court to proceed with the matter in accordance with law on the basis of material available on record---Provisions of O. XVII, R. 3, C.P.C. were applicable when on the date previous to the date of final order an adjournment was sought by the plaintiff---When no objection was made to such adjournment by the other party, then it could not be presumed that the adjournment was granted on behalf of the party who sought the same---Request for adjournment on the date previous to that of final order was made by the counsel for plaintiff which was not objected to by the other side---Trial Court, without taking into consideration that on the previous date of hearing no objection was raised by the other side, invoked provisions of O. XVII, R. 3, C.P.C. and dismissed the suit without giving its issue-wise findings---Trial Court was bound to decide the case on the basis of material available on record and gave its findings issue-wise---Trial Court was not justified to close the right of evidence of plaintiff rather to decide the case on merits other than on technicalities---Impugned s and decrees passed by both the courts below were set aside and case was remanded for decision afresh on merit after affording one last and final opportunity to produce evidence---Appeal was accepted in circumstances. Muhammad Haleem and others v. H.H. Muhammad Naim and others PLD 1969 SC 270; Ali Muhammad v. Mst.Murad Bibi 1995 SCMR 773; Muhammad Arshad v. Muhammad Jahanzeb Khan 2008 SCMR 1335; Muhammad Ramzan v. Khadim Hussain 2007 SCMR 1269; Ghulam Rasool v. Rai Ghulam Mustafa and others 1993 SCMR 2026; Amanullah Khan and 3 others v. Mst. Akhtar Begum 1993 SCMR 504; Zahoor Ahmed v. Mehra through Legal Heirs and others 1999…

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