Law: Civil Procedure Code (V of 1908)

Section: 3

(a) Civil Procedure Code (V of 1908)--- ----O.XVII, R.3---Court may proceed notwithstanding either party fails to produce evidence---Scope---Petitioners assailed the dismissal of their suit under O.XVII, R.3 of C.P.C.---Validity---Trial Court before proceeding under O. XVII, R.3 of C.P.C. and closing the right of petitioners to produce their evidence had granted innumerable opportunities---Contention of the petitioners was that after striking-off their right to produce evidence the case should have been further processed and evidence of respondents should have been recorded---High Court observed that petitioners had not got even a single witness examined in support of their case---Pleadings were not evidence by itself---When the petitioners had not been able to examine any of their evidence in support of their case, there had in fact been no evidence in support of the contention of the petitioners, then in such circumstances, putting the case for defendants’ evidence and recording the same would have been a matter of mere legal formality having no substantial effect---Such ground for reversal of impugned order was not sufficient---Revision petition was dismissed.   Ghulam Qadir alias Qadir Bakhsh v. Haji Muhammad Suleman and 6 others PLD 2003 SC 180; 1990 CLC 729; 1992 CLC 102, 1994 CLC 1679; 1994 CLC 1007 and 2017 MLD 1544 ref. Muhammad Aslam v. Nazir Ahmad 2008 SCMR 942; Syed Tahir Hussain Mehmoodi and others v. Agha Syed Liaqat Ali and others 2014 SCMR 637; Abdul Wahid v. Syed Ghulam Mujaddad and 6 others 1989 CLC 697 and MessrsTranstech Limited v. Messrs Pakistan Tobacco Company Limited 2004 MLD 1242 distinguished. Moon Enterprises CNG Station, Rawalpindi v. Sui Northern Gas Pipelines Limited through General Manager Rawalpindi and another 2020 SCMR 300 and Rana Tanveer Khan v. Naseer-ud-Din and others 2015 SCMR 1401 rel. (b) Civil Procedure Code (V of 1908)--- ----O.XVII, R.3---Court may proceed notwithstanding either party fails to produce evidence---Scope---Once the case of a delinquent litigant squarely fell within the purview of mischief of O.XVII, R.3, C.P.C., then neither a concession should be shown to such litigant nor a lenient view favouring…

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