Law: Civil Procedure Code (V of 1908)

Section: 3

Law: Specific Relief Act, 1877

Section: 12,54

(a) Civil Procedure Code (V of 1908)--- ----O. XVII, R.3---Specific Relief Act (I of 1877), Ss. 12 54---Suit for specific performance of contract and injunction---Failure to produce evidence---Trial Court dismissed the suit of the plaintiff for want of evidence which /decree was maintained by the Appellate Court---Record revealed that the petitioner/plaintiff was afforded several opportunities by the Trial Court to lead the evidence for about three years after framing of issues---Appellate Court also maintained the order of the Trial Court holding that about eight (08) opportunities were given to the petitioner but not on even a single date he appeared before the Trial Court till the Trial Court invoked the provisions of O.XVII, R.3 of the Civil Procedure Code, 1908---Where last opportunity to produce evidence was granted and the party had been warned of the consequences, the Court must enforce its order unfailingly without exception---Such order would not only put the system back on track and re-affirm the majesty of law but would also put a check on the trend of seeking multiple adjournments on frivolous grounds to prolong proceedings without any valid or legitimate reason---No illegality or infirmity having been noticed in the impugned s and decrees passed by both the Courts below---Revision petition was dismissed, in circumstances. Moon Enterpriser CNG Station, Rawalpindi v. Sui Northern Gas Pipeline Limited and another 2020 SCMR 300 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XVII, R. 3---Failure to produce evidence---Right of evidence to be closed by the Trial Court---Scope---Held that O. XVII, R. 3 of the C.P.C, 1908 applied when time had been granted to a party to produce evidence or to cause the attendance of witnesses or to perform any other act necessary for the progress of suit and would not apply unless default had been committed by such party in doing the act for which the time was granted. Ghulam Qadir alias Qadir Bakhsh v. Haji Muhammad Suleman and 6 others PLD 2003 SC 180 and Rana Tanveer Khan v. Naseer-Ud-Din and others 2015 SCMR 1401 ref. (c) Civil Procedure Code (V of 1908)--- ----O. XVII, R.3---Failure to produce evidence---Right of…

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