Law: Civil Procedure Code (V of 1908)

Section: 3

Civil Procedure Code (V of 1908)--- ----O XVII, R. 3---Court may proceed notwithstanding either party fails to produce evidence, etc.---Party availing numerous opportunities including the last and final opportunity---Duty of Court--- Scope--- Petitioner/plaintiff despite availing opportunities failed to produce evidence---Trial Court dismissed the suit---Appeal of petitioner was also dismissed by Appellate court---Held that Court had the duty to regulate the proceedings of the case with the object to decide the lis expeditiously---If the court reached the conclusion that a party to lis was deliberately avoiding to lead evidence and maliciously prolonging the matter on different unreasonable pretext, then it was well within the jurisdiction of court under O. XVII, R. 3, C.P.C., to strike down the right of producing evidence of such a defaulting party---When Court had passed an order granting the last opportunity, it had not only passed a judicial order but also made a firm promise to the parties for not granting any further adjournment---Unflinching expectations of the litigant were attached with Court that it shall enforce its order in its true letter and spirit---Civil revision was dismissed. Syed Tahir Hussain Mehmoodi and others v. Agha Syed Liaqat Ali and others 2014 SCMR 637; Rana Tanveer Khan v. Naseer-ud-Din and others 2015 SCMR 1401; Moon Enterprises CNG Station, Rawalpindi v. Sui Northern Gas Pipelines Limited through General Manager, Rawalpindi and another 2020 SCMR 300; Rai Muhammad Riaz (decd) through L.Rs. and others v. Ejaz Ahmed and others PLD 2021 SC 761 and Mst. Zaitoon Begum v. Nazar Hussain and another 2014 SCMR 1469 rel. JUDGMENT CH. MUHAMMAD IQBAL, JUSTICE:---.---Through this civil revision, the petitioner has challenged the legality of order and decree dated 26.04.2019 passed by the learned Civil Judge, Lahore who dismissed the suit for declaration, cancellation of document with consequential relief filed by the petitioner under Order XVII, Rule 3, C.P.C. for want of evidence and order and decree dated 16.03.2021 passed by the learned Addl. District Judge, Lahore who dismissed the appeal of the petitioner. 2. Brief facts of the case are…

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