Law: Civil Procedure Code (V of 1908)

Section: 3

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code, 1908 (V of 1908)---O.XVII R. 3--Specific Relief Act, (I of 1877), S. 12--Suit for specific performance--Closing of right to producing evidence was failed to produce evidence--Dismissal of suit--Appeal--Dismissed--Leniency show by trial Court regarding producing of evidence--Disobedience of orders of Court--A leniency shown by trial Court instead of complying with clear-cut direction and order, neither he appeared himself in witness box nor produced his evidence--How petitioner pursued his case and shows his disobedience toward orders of Court; thus, such like indolent persons cannot seek favour of law, because law favours vigilant and not indolent--Civil revision was dismissed.[Pp. 526 ,  527] A ,  B 2015 SCMR 1401 and 2020 SCMR 300 ref. ORDER Despite reflection of name of the learned counsel for the petitioner in the cause list, none has entered appearance on his behalf; thus, the instant petition being old one is going to be decided after hearing learned counsel for the respondents and going through the available record. 2. Precisely, the petitioner instituted a suit for specific performance of agreement to sell against the respondents/defendants, which was contested by the respondents/defendants. Issues were framed and case was adjourned for evidence of the petitioner but the petitioner despite availing numerous opportunities failed to produce his witnesses for facing the cross-examination, thus, the learned trial Court vide impugned order dated 07.04.2010 closed his right to produce evidence by invoking powers under Order XVII, Rule 3 of the Code of Civil Procedure Code 1908 and vide even dated judgment and decree dismissed the suit for want of evidence. The petitioner being aggrieved preferred an appeal but the same was also dismissed vide impugned judgment and decree dated 13.07.2011; hence, the instant civil revision. 3. Heard. 4. Considering the arguments and perusing the record, made available, as well as going through the impugned order, judgments and decrees passed by the learned Courts below, it becomes diaphanous that the suit under discussion was instituted on 05.01.2006 and issues were framed. After that, on…

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