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---Scope---Plaintiff assailed the dismissal of his suit under O.XVII, R.3, C.P.C.---Held, that plaintiff had failed to produce his evidence for several dates when fresh notice under O.XVII, R.3 of C.P.C., with last chance was allowed to the plaintiff and the case was adjourned, but still the plaintiff had failed to produce his evidence---Even otherwise, the case had remained pending for more than 5 years, which showed the delaying, non-serious and casual conduct of the plaintiff, therefore, the plaintiff had failed to establish grounds of his appeal---Appeal lacked merit and the same was dismissed. JUDGMENT: MALIK INAYAT-UR-REHMAN, JUSTICE:---.--- The instant Civil. Miscellaneous bearing No.339/2021 has been filed by the present applicant/appellant against the impugned judgment / decree dated 11-11-2020 passed by the learned Senior Civil Judge Gilgit in Civil Suit No.75/2018 and Civil Case No.130/2013, whereby the learned trial Court has dismissed both the aforementioned civil suit and civil case of the applicant/plaintiff. 2. Briefly stated facts giving rise to the filing of the instant civil first appeal are that the present applicant/appellant had filed a suit for declaration and specific performance along with an application under Order XXXIX, Rules 1 and 2, C.P.C. for grant of temporary injunction before the learned trial Court. The learned trial Court had fixed the case for the evidence of PWs. On 08-10-2020 only one PW was present but could not be examined due to the absence of the defendants as well as their counsel. The case was again fixed for PWs. The learned trial Court struck off the right of adducing evidence of the appellant/plaintiff and dismissed the suit as well as Civil Case of the plaintiff vide judgment/decree dated 11-11-2020. 3. Feeling aggrieved from the above mentioned judgment/decree of the learned Senior Civil Judge Gilgit, the present applicant/appellant filed Civil First Appeal before the learned District Court Gilgit. The learned District Judge Gilgit vide judgment/order dated 29-04-2021, returned the appeal…

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