Law:

Section:

Civil Procedure Code (V of 1908)--- --------O.XVII, R.3---Specific Relief Act (I of 1877), S.42---Suit for declaration---Closure of evidence---Scope---Case was not adjourned on the request of plaintiff for the date when provision of Order XVII, Rule 3, C.P.C. was invoked but because of strike by the Bar---Trial Court instead of simply dismissing the suit ought to have gone through the plaint and written statement and given its findings on merits---Impugned order and decree were set aside and matter was remanded to the Trial Court --------- Plaintiff was directed to produce his evidence on the date fixed and not to seek any adjournment in the case---Appeal was allowed in circumstances. Sheikh Khurshid Mehboob Alam v. Mirza Hashim Baig and another 2012 SCMR 631; Muhammad Jameel and others v. Inayat Begum 2012 YLR 2658; Muhammad Sarwar v. Abdul Ghafoor 2007 YLR 65; Abdul Shakoor and others v. Province of Punjab and 4 others 2005 SCMR 163; Sufi Ghulam Mohyuddin v. Khushi Muhammad and 2 others 1997 SCMR 924; Shahid Hussain v. Lahore Municipal Corporation PLD 1981 SC 474; Sardar Muhammad Irshad Khan v. Muhammad Akram and 5 others 2008 CLC 1009; Government of Pakistan v. Messrs Hassan Khan 2003 YLR 1686; Sardar Muhammad v. Muhammad Razman and 7 others 2006 YLR 1858 and Manzoor Hussain v. Zareeda Bi and 7 others 2013 CLC 1186 ref. Messrs Transtech Ltd. v. Messrs Tabaco Company Ltd., 2004 MLD 1242; Pakistan Telecommunication Company Limited (PTCL) and others v. Mst. Naima Ayub and others 2013 CLC 1191 and Muhammad Aslam's case 2008 SCMR 942 rel. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:------------------ Through the instant Regular First Appeal, the appellant, Israr Ahmed Afzal, impugns the order dated 29.11.2012, passed by the Court of the learned Civil Judge (West), Islamabad, whereby, the appellant's suit for declaration, cancellation of deed dated 25.06.2003, and permanent injunction, was dismissed under Order XVII, Rule 3 of the Code of Civil Procedure, 1908 ("C.P.C."). 2. The records shows that on 17.03.2008, the appellant filed the said civil suit. respondent No.1 (Haji Muhammad Azram), contested the suit by filing a written statement on…

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