Law: Civil Procedure Code (V of 1908)

Section: 115,O.XVII,R.2,3

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Procedure Code (V of 1908)--- ----O. XVII, Rr.2 & 3---Constitution of Pakistan, Art.199---Constitutional petition---Trial Court dismissed suit for non prosecution as well as for non-production of evidence---Re visional court maintained findings by the Trial Court---Plaintiff asserted that if the Trial Court dismissed suit for non prosecution, said court was not required to have made observation with regard to non production of evidence and further stated that such observation could only be passed .if the plaintiff was present and had failed to produce evidence---Validity---It was sufficient if case was dismissed for non-prosecution; however, order with regard to dismissal of suit for failure to produce evidence was superfluous and in fact not required as such would have completely defeated the ends of justice---Impugned order appeared to be too harsh as only three opportunities were afforded to the plaintiff to produce evidence---Law favours adjudication of the cases on merits and not on technicalities; therefore, application of technicalities should not defeat the ends of justice as same was not the intent of law---High Court allowed constitutional petition and set aside the impugned orders by granting one opportunity to the plaintiff to produce oral evidence and further one opportunity to produce documentary evidence. PLD 2006 Lah. 121 rel. (b) Administration of justice--- ---Ends of justice should not be defeated merely on the basis of technicalities. (c) Civil Procedure Code (V of 1908)--- ---S. 115---Revision---Scope---high Court was vested with the powers of revisional jurisdiction which must be exercised to ensure that the ends of justice were met. THIS ORDER PASSED BY: TARIQ JAVAID, J.--- This writ petition is directed against the judgment and decree dated 27-9-2007 passed by the learned District Judge, Narowal whereby order dated 12-3-2007 passed by the learned Senior Civil Judge, Narowal was upheld in revisional jurisdiction. 2. The learned counsel for the petitioner maintains that on 12-3-2007 case was dismissed in default as well as for failure to produce evidence. However, the learned counsel submitted that order was too harsh and in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492