Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XVII, R. 3--- Constitution of Pakistan, Art. 185(3)--- Two consolidated rival suits for pre-emption---Trial Court dismissed respondent's suit on 24-3-1998 for failure to produce evidence despite availing several opportunities, while decreed petitioner's suit on 24-2-1999---Appellate Court accepted appeal filed against dismissal of respondent's suit, while dismissed petitioner's application seeking dismissal of respondent's appeal on ground that decree regarding suit property passed in petitioner's favour had attained finality---­High Court dismissed revision petitions filed by petitioner---­Validity---Supreme Court granted leave to appeal to consider question as to whether penal consequences of O. XVII, R. 3, C.P.C. would attract only when on an earlier occasion time for production of evidence or for doing any other act for progress of case was allowed at request of a party and not otherwise. Pirzada Amir Hassan v. Mrs. Shamim Shah Nawaz 1984 CLS 3080; Shahnawaz v. Amir Muhammad PLD 1989 Lah 209 and Ghulam Qadir alias Qadir Baksh v. Haji Muhammad Suleman 2002 CLC 1111 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XVII, R. 3---Closure of evidence of a party for his failure to produce evidence---Scope---Where case was not adjourned on previous date at request of such party, then his right to lead evidence could not be closed under O. XVII, R. 3, C.P.C. Shahnawaz v. Amir Muhammad PLD 1989 Lah 209 and Ghulam Qadir alias Qadir Baksh v. Haji Muhammad Suleman 2002 CLC 1111 ref. Pirzada Amir Hassan v. Mrs. Shamim Shah Nawaz 1984 CLC 3080 and Qutub-ud-Din v. Gulzar PLD 1991 SC 1109 rel (c) Civil Procedure Code (V of 1908)--- ----O. XVII, R. 3---Constitution of Pakistan, Art. 185(3)---Two consolidated rival suits for pre-emption---Trial Court dismissed respondent's suit on 24-3-1998 for failure to produce evidence despite availing several opportunities, while decreed petitioner's suit on 24-2-1999---Appellate Court accepted appeal filed against dismissal of respondent's suit, while dismissed petitioner's application seeking thereby dismissal of respondent's appeal on ground that decree passed regarding suit property in…

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