Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.3

(a) Civil Procedure Code (V of 1908)--- ----O.XVII, R.3---Scope and applicability of O.XVII, R.3, C.P.C:---.---Non-production of evidence after adjournments---Effect---Suit of plaintiff was dismissed by Trial Court after closing of evidence under O.XVII, Rule 3, C.P.C:---.---Appellate court setaside such order of Trial Court and remanded the case---Validity---Provisions of O. XVII, Rule 3, C.P.C. were penal in nature and in order to attract such penal provisions, time must be granted by the Trial Court to a party for doing certain acts; which were, to produce evidence, to cause attendance of their witnesses or to perform any other act necessary to the further progress of the suit---Said provisions required that time must be granted by the Trial Court at the request of the defaulting party---If time had not been granted at the instance of the party against whom order was required to be made, then the penal provisions of O.XVII, Rule 3, C.P.C. would not be applied against such party---Plaintiffs were provided last opportunity by Trial Court and said order was silent as to whether the evidence of plaintiff was in attendance or not on the said date---Order in question was not suggestive of any request ever made at the instance of the plaintiff for an adjournment or an opportunity to produce evidence and showed adjournment by granting last opportunity as per pervious order---Date on which the evidence of plaintiff was closed was not given at the instance of the plaintiff, as such, undeniably, the provisions of O.XVII, Rule 3, C.P.C. were not attracted to the case---Mere fact that last opportunity was granted to the plaintiff for production of evidence would not be sufficient to apply the penal provisions as time was not granted at the instance of the plaintiffs. Munawar Hussain v. Additional District Judge, Jhelum and 3 others 1998 SCMR 1067; Mrs. Khalida Begum v. Lahore Development Authority, through Director General LDA Plaza and another 2002 YLR 1687; Muhammad Asghar, v. Muhammad Ashraf and 6 others 2006 YLR 1166; Mian Muhammad Rashid and another v. Mushtaq Ahmad and 14 others 2006 YLR 3278 and Maqbool Ahmed v. Faryad Ali PLD 2011 Lah. 217 distinguished. (b)…

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