Law: Civil Procedure Code (V of 1908)

Section: O.XVI,Rr,1,2,7(a),8,O.XVII,R.3,O.VI,R.17

Law: Civil Procedure Code (V of 1908)

Section: O.XVI,Rr,1,2,7(a),8,O.XVII,R.3,O.VI,R.17

Civil Procedure Code (V of 1908)-------O. XVI, Rr, 1, 2 & O. XVII, R. 3---Closing of defendant's evidence for his failure to produce evidence---Defendant's plea that he was granted one adjournment for production of evidence and one witness appeared on the relevant date, while other witnesses sought to be summoned through court were not present, though he had already deposited diet money and summonses in their names as per order of Trial Court, which was bound to procure their attendance, thus, his evidence could not be closed for non-issuance/non-service of summonses---Validity---Receipt issued by Ahlmad of court showed that defendant had deposited diet money and summonses in names of witnesses and process fee on same day when his application for summoning them was allowed by court---Defendant had liquidated his responsibility, thus, Trial Court was bound to issue process in the names of such witnesses---Summonses of such witnesses returned as unserved would not be sufficient to non-suit defendant---Trial Court was not competent to close defendant's evidence on ground of decision of suit being delayed by him as order for deposit of diet money had been made by court itself and had been deposited along with process fee for summoning witnesses for the date on which further adjournment was refused to him---Impugned order was suffering from vice of non-exercise of jurisdiction vested in Trial Court---High Court accepted revision petition and set aside impugned order and directed Trial Court to issue summonses to witnesses by making specific order regarding their service either under R.7(a) or R.8 of O.XVI, C.P.C. Ch. Muhammad Sharif Arain for Petitioners. Shahzad Bashir for Respondents. Date of hearing: 5th October, 2011. JUDGMENT MEHMOOD MAQBOOL BAJWA, J.--- Legality of order dated 21-7-2011 has been called in question at the instance of petitioners arrayed as defendants Nos.1 and 2 in the suit for partition, declaration and perpetual injunction whereby the learned trial Court vide order assailed closed their evidence under Order XVII Rule 3 of the Code of Civil Procedure, 1908. 2. Necessary facts resulting in filing of present revision petition are that…

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