Law:

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Civil Procedure Code (V of 1908)--- ----O. XVII, R. 3---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Closure of evidence---Remedy against order passed under O. XVII, R. 3, C.P.C.---Scope---Application for restoration of suit---Maintainability---Suit was pending since 2007 wherein issues were framed on 10-4-2007---Plaintiffs were given last opportunity with notice under O. XVII, R. 3, C.P.C. to produce complete evidence but they failed---Court had no other option but to dismiss the suit by invoking the provision of O. XVII, R. 3, C.P.C.---Impugned order was passed due to failure of plaintiffs to produce their evidence---Trial Court could dismiss the suit forthwith in such circumstances---Impugned order was appealable and remedy against the same was not the application for setting aside the said order---Plaintiffs wrongly preferred application for setting aside the impugned order whereagainst the proper remedy was the appeal---Trial Court had rightly dismissed the application for restoration of suit---Appeal filed before the Appellate Court was not only time barred but same was having no force of law---Order dismissing the suit under O. XVII, R. 3, C.P.C. would be deemed to be a on merits---Both the courts below had rightly non-suited the plaintiffs---Revision was dismissed in limine. Shahid Hussain v. Lahore Municipal Corporation PLD 1981 SC 474 rel. JUDGMENT MALIK MANZOOR HUSSAIN, J.---This revision petition has been directed against Judgment dated 27-11-2013, passed by the learned Additional District Judge-II, Peshawar, whereby the appeal filed by the petitioners was dismissed and the orders passed by the learned trial Court dated 14-3-2012 and 13-6-2012 were maintained. 2. Briefly stated the facts of the case are that petitioners filed a suit on 29-3-2007 for declaration and permanent injunction with regard to ownership of suit shrine fully described in the heading of the plaint. The suit was resisted by the respondent by filing written statement. During trial, the petitioners failed to produce evidence which resulted into notice issued under Order XVII, Rule 3, C.P.C. On the faithful day i.e. on 14-3-2012, despite notice, the petitioners…

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