Law:

Section:

(a) 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---Statement of plaintiff was recorded and adjournment was sought for cross-examination but Trial Court dismissed the suit straightaway---Validity---Trial Court should have afforded an opportunity for production of evidence by imposing cost on the plaintiff or could close the evidence of plaintiff and direct the defendants to produce evidence---Trial Court was required to give issue-wise findings on the basis of available evidence on record and had no jurisdiction to dismiss the suit straightaway in a slipshod manner---Order XVII, R.3, C.P.C. did not provide that in case evidence was absent on a date then suit was to be decided against the party by way of penalty---Impugned orders passed by both the courts below were set aside and suit was restored---Case was remanded for recording rest of the evidence of plaintiffs without any adjournment---Revision was allowed accordingly. Muhammad Aslam v. Nazir Ahmad 2008 SCMR 942 rel. (b) Administration of justice--- --------Law favours decision of a 'lis' on merits without making the technicalities of law as hurdles in the way of doing substantial justice. THIS JUDGMENT DELIVERED BY: MUHAMMAD DAUD KHAN, JUSTICE:------------------- This revision petition is directed against the judgment dated 29.1.2013 passed by learned Civil Judge-II, Tangi and judgment dated 23.11.2013 passed by learned Additional District Judge Charsadda whereby the former dismissed the suit of petitioners/plaintiffs with cost under Order XVII, Rule 3, C.P.C. while the latter maintained the judgment of trial Court. 2. Brief facts of the case are that petitioners/plaintiffs filed Suit No.73/1 for declaration, permanent injunction against the respondents/ defendants in respect of considerable land fully described in the heading of the plaint which was contested by respondents/defendant through filing written statements. From divergent pleadings of the parties, necessary issues were framed and after recording of examination-in-chief of witnesses of petitioners/plaintiffs, the petitioners were…

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