Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 2,3

Civil Procedure Code (V of 1908)--- ----O.XVII, Rr.2 3---Plaintiff failing to produce evidence despite availing numerous opportunities/adjournments---Closure of plaintiffs right to produce evidence and dismissal of suit without affording plaintiff an opportunity to testify---Legality---Dismissal of suit forthwith under O.XVII, Rr.2 3, C.P.C. on the premise that the plaintiff failed to produce evidence was not tenable particularly when the plaintiff herself was in attendance on the date when suit was dismissed and was not called upon to testify---In the present case, it was incumbent upon the Trial Court, despite non-production of witnesses by the plaintiff, to let her come out with her own version in the witness box instead of dismissing the suit forthwith---Recourse to O.XVII, C.P.C. was not warranted---Every party before a court had a right to make a statement to prove the contents of his/her case---Plaintiff in the present case had been denied of her fundamental right---With consent of both parties impugned of Trial Court was set-aside and High Court directed that the suit shall be re-adjudicated by the Trial Court by granting one last opportunity to the plaintiff to produce her complete evidence subject to payment of cost of Rs.20,000/-, and if she failed to produced evidence on the date fixed by Trial Court, her right to produce evidence would be deemed to have been closed---Appeal filed by plaintiff was allowed accordingly. 1993 SCMR 2026 and 2008 SCMR 942 ref. JUDGMENT MUHAMMAD AMEER BHATTI, J.---- This is Regular First Appeal Admit. Notice. Record. 2. The respondents side, being present in Court on watching brief, accepts notice and agrees to promptly undertake the advancement of arguments. Thus, we regard the case in hand as complete (Pakka) in terms of presence of both the parties and availability of record already attached with grounds of appeal. 3. The suit instituted by the appellant was dismissed by the learned trial Court vide judgment dated 09.10.2019 under Order XVII, Rule 3, C.P.C. for non-production of evidence despite availing numerous opportunities; as is apparent from the order sheet annexed with the memo of appeal. 4. During course of…

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