Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 3

Civil Procedure Code (V of 1908)--- ----O. XVII, R. 3---Closure of evidence---Local commission was appointed for recording evidence of the parties but plaintiff did not appear before the commission---Trial Court passed order for dismissal of suit for want of evidence but same was recalled on appearance of plaintiff in person and final opportunity to lead evidence was granted---Plaintiff appeared before the Court and submitted that she could not engage a counsel and she was not in a position to lead her evidence---Trial Court closed evidence of plaintiff and dismissed the suit---Validity---Plaintiff availed ample opportunities to lead her evidence but she could not produce the same---Plaintiff even on the last date when the suit was fixed for a future date in her presence instead of producing evidence pleaded that she wanted to engage a counsel---Conduct of plaintiff did not warrant any concession nor a lenient view in her favour, in circumstances---Appeal was dismissed accordingly. Rana Tanveer Khan v. Naseer-ud-Din and others 2015 SCMR 1401; Sufi Ghulam Mohyuddin v. Khushi Muhammad and 2 others 1997 SCMR 924 and Syed Tahir Hussain Mehmoodi v. Agha Syed Liaqat Ali 2014 SCMR 637 rel. JUDGMENT ZULFIQAR AHMAD KHAN, JUSTICE:---.--- The instant High Court Appeal has been preferred against order dated 22.05.2018 passed by the learned Single Judge of this Court in Suit No. 1286 of 2010 (Mrs. Nasira Khaleeque and others v. Muhammad Laiq Khan Hamdam and others), whereby suit of the plaintiffs was dismissed for want of evidence. 2. Succinctly, facts of the case are that the suit was filed on 27.05.2010 and issues were framed on 24.10.2014, wherein Mr. Mansoor Shaikh, Advocate was appointed as Commissioner for recording evidence of the parties with direction to conclude the Commission within a period of three months from 22.11.2014 and plaintiffs (present Appellants) were directed to file their affidavits-in-evidence before the Commissioner on the aforesaid date too. However, the Appellants failed to file their affidavits-in-evidence and interim report was filed by the Commissioner on 24.12.2014 with the request that his appointment as Commissioner may be withdrawn.…

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