Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XVII, R.2 & 3--- Closure of evidence---Suit was filed in the year 2006 and issues were framed on 25-1-2007 thereafter the matter was being adjourned on each and every date for evidence of the plaintiffs---Costs were also imposed upon the plaintiffs with the direction to produce the evidence---Plaintiffs did not comply with said direction and warnings---Court was compelled to reject the application for adjournment---Counsel for the plaintiff was inclined to write letter to the appellant to withdraw his power---Prima facie, plaintiffs had lost interest even by not remaining in touch with the counsel which showed negligence and laxity---Law favoured the vigilant and not indolent---No explanation was brought on record as to why plaintiffs were not in contact with the counsel or not attending the court---Rules and regulations were framed for compliance and not for abrogation---No plausible or good explanation was brought on record to suggest that non-appearance of the plaintiffs or their witnesses was beyond their control or was bona fide---Court discussed the material available on record issue-wise---Suit was rightly dismissed under O.XVII, R.3 of C.P.C. Fateh Sher v. Muhammad Zubair 2003 SCMR 797 rel. JUDGMENT ABDUL RASOOL MEMON, J.---The appellants have assailed the judgment dated 4-3-2009 passed by the VIIIth Senior Civil Judge Karachi East in Suit No.273 of 2006 whereby suit of the appellants/ plaintiffs was dismissed under Order XVII, Rule 3, C.P.C. The said judgment and Decree were maintained in Civil Appeal No.53 of 2009, therefore, both the aforesaid judgments have been impugned in this appeal. 2. The appellants/plaintiffs filed Civil Suit No.273 of 2006 against the respondents for declaration, cancellation and permanent injunction. After service of the notices of the said suit the respondents Nos.3 and 5 filed their written statement. Thereafter, after framing of the issues on 25-1-2007 the matter was adjourned for 34 dates for evidence of appellants/plaintiffs but no one turned up to lead evidence on their behalf and consequently on 29-10-2008 and 21-2-2009 the costs were also awarded against them yet no…

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