Law:

Section:

(a) Civil Procedure Code (V of 1908)--- --------O. XVII, R. 3---Closing of evidence---Sufficient opportunities already granted---Matter could not be left on the choice of parties to choose the time for production of evidence according to their own choice--------Case proceedings had to be controlled by Court according to its roster --------- Petitioner who had been already granted sufficient opportunities was not entitled to any further leniency by Court. Mian Abdul Karim v. Province of Punjab through District Officer (Revenue) Lodhran and 5 others PLD 2014 Lah. 158 and Syed Tahir Hussain Mehmoodi and others v. Agha Syed Liaqat Ali and others 2014 SCMR 637 rel. (b) Civil Procedure Code (V of 1908)--- --------O. XVII, R. 3---Closure of petitioner's evidence for failing to produce evidence--------Scope---Contention of petitioner was that he was suffering from cancer and was not able to appear before trial court on account of his chronic ailment, therefore, he may be allowed at least one more opportunity to lead his evidence--------Validity--------Law favoured disposal of cases on merits however, law helps vigilants and not the indolents---Courts were not supposed to go behind litigants who were not interested in disposal on merits--------Held, that if it was admitted that petitioner was suffering from ailment even then petitioner could have produced other witnesses as well as documentary evidence to satisfy the Court that he was vigilant in pursuing his case with due care --------- Petitioner did not even appoint any attorney to make a statement on his part or never made a request to trial court for appointment of local commission to record his statement at his residence---Trial Court had already showed patience for a period of two years and adjourned the case during said period mostly on the request of petitioner---Despite availing sufficient opportunities, petitioner failed to produce a single witness or document in his evidence --------- Revision petition was dismissed in circumstances. Sheikh Khurshid Mahboob Alam v. Mirza Hashim Baig and another 2012 SCMR 361; Syed Tasleem Ahmad Shah v. Sajawal Khan etc. 1985 SCMR 585; Qutab ud Din v. Gulzar and 2 others PLD…

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