Law:

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Civil Procedure Code (V of 1908)--- ----O.XVII, R.3---Specific Relief Act (I of 1877), S.12---Suit for specific performance of agreement to sell---Striking of defence--Closing of right to produce evidence---Suit filed by plaintiff was dismissed on 8-6-2009, by Trial Court on the ground that despite repeated opportunities given, plaintiff failed to produce any evidence in support of his case---Validity---On 8-6-2009, neither counsel for plaintiff nor his attorney or he himself appeared in the Trial Court and only an application was presented through clerk of counsel without assigning any reason as to inability for production of evidence---Plaintiff should have shown some responsibility and produced evidence, after three successive adjournments given and grant of last and final opportunity subject to payment of costs---Contumacious omission to produce evidence precluded plaintiff to claim that he was deprived of the right to prove his contention---Adjournments were granted on three continuous preceding dates of hearing so he could not say that he should have been given an opportunity for casual leave of the Presiding Officer of the Court---High Court declined to interfere in passed by Trial Court---Appeal was dismissed in circumstances. Muhammad Aslam v. Nazir Ahmed 2008 SCMR 942; Ghulam Qadir alias Qadir Bakhsh v. Haji Muhammad Suleman and 6 others PLD 2003 SC 180; Federation of Pakistan through Secretary Ministry of Defence and another v. Jaffar Khan and others PLD 2010 SC 604; Ghulam Qadir alias Qadir Bakhsh v. Haji Muhammad Suleman and 6 others PLD 2003 SC 180; Abdul Shakoor and others v. Province of the Punjab and 4 others 2005 SCMR 1673; Sheikh Muhammad Sarwar v. Zaheer Ahmad 2009 MLD 481 and Abdul Sattar v. Chairman, Pakistan Railways and others 2011 YLR 1003 rel. JUDGMENT RAUF AHMAD SHEIKH, J.---The appellant has assailed the vires of judgment and decree dated 8-6-2009 passed by the learned Civil Judge 1st Class, Kharian, District Gujrat, whereby a suit for specific performance of the contract filed by him against respondents Nos.1 to 3 was dismissed. 2. Initially the suit was filed against defendant/respondent No.1 but subse-quently…

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