Law: Civil Procedure Code (V of 1908)

Section: 3

Keywords: Result: Appeal allowed MIANGUL HASSAN AURANGZEB J:- 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 20.06.2008. respondent No.2 (Capital Development Authority) filed its written statement on 06.07.2009. On 22.02.2011, respondent No.1, filed an application under Order VII, Rule 11 C.P.C. seeking the rejection of the plaint. Vide order dated 21.09.2011, the learned Civil Court dismissed this application. On the same very date (i.e. 21.09.2011), the learned Civil Court framed the issues. Thereafter, the case was adjourned on several occasions for the appellant's evidence. To be precise, on 15.11.2011, 26.01.2012, 28.03.2012, 19.07.2012, 03.10.2012, the case was adjourned for the appellant's evidence. On 05.06.2012, and 23.11.2012, the case was adjourned due to a strike being observed by the members of the Bar. It appears that between 03.10.2012 and 20.11.2012, the case was transferred from the Court of Mr. Humayun Dilawar to the Court of Ms. Ambreen Iqbal Chaudhary, Civil Judge (West), Islamabad. On 20.11.2012, the learned Civil Court issued notice 'parvi' to the parties. As mentioned above, on 23.11.2012, the counsel for the parties could not tender appearance because of a strike. On the next date of hearing (i.e. 29.11.2012), the clerk of the learned counsel for the appellant informed the learned Civil Court at 8:15 a.m. that the learned counsel for the appellant will appear at 11:00 a.m. The case was again called at 12:00 p.m. and no one appeared on behalf the appellant. Consequently, the learned Civil Court dismissed the suit by invoking the provisions of Order XVII, Rule, 3 C.P.C. The said order dated 29.11.2012, is reproduced herein below:- "29-11-2012.…

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