| Citation(s) |
|---|
| 2025 SLG 4767 2025 SLD 4767 = 2025 SCP 406 = 2026 SCMR 1613 |
C.P.L.A.3470/2025 (Against the order dated 21.05.2025 passed by the Lahore High Court, Lahore in W.P.No.30394 of 2025)
Justice Shakeel Ahmad Justice Aamer Farooq
Irfan Rasheed �Petitioner
VERSUS
Zawar Muhammad Afzal and others �Respondents
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Code Of Civil Procedure, 1908.
Section: 12(2),XVII , IX
Summary
The Supreme Court dismissed the Civil Petition for Leave to Appeal against the Lahore High Court's order that had rejected the petitioner's challenge to the closure of his right to produce evidence under Order XVII Rule 3 of the CPC. The petitioner failed to present evidence despite multiple opportunities, leading the trial court to proceed with deciding the case on merits. The Court emphasized the importance of procedural discipline in curbing delays and adjournments to secure timely justice and upheld the application of Order XVII Rule 3 to prevent prolonged litigation.
Core Points
- Petitioner purchased land and paid earnest money, but respondents failed to fulfill remaining obligations.
- Parallel suits were filed; petitioner�s suit was granted interim injunction; respondents� suit for cancellation was decreed.
- Petitioner challenged cancellation decree via Section 12(2) CPC alleging fraud; application dismissed under Order XVII Rule 3 CPC due to failure to produce evidence.
- Order XVII Rule 3 CPC allows courts to decide suit if a party fails to produce evidence after given opportunities.
- Excessive adjournments and delays harm judicial efficiency and public confidence.
- Courts have discretion to balance fairness with efficiency, restricting indefinite adjournments.
- Petitioner was granted about 10 chances to produce evidence but failed; court rightly closed evidence and decided case.
- No illegality or jurisdictional defect found in lower courts� orders; petition dismissed with leave declined.
Law and Section Table
| Law/Provision | Description |
|---|---|
| Article 185(3) of the Constitution (Pakistan, 1973) | Jurisdiction of Supreme Court to grant leave to appeal constitutional questions |
| Section 12(2) of the Code of Civil Procedure, 1908 (CPC) | Allows for setting aside a judgment obtained by fraud or collusion |
| Order XVII Rule 1 CPC | Regulation of adjournments on sufficient cause, with discretion and conditions |
| Order XVII Rule 2 CPC | Procedure for non-appearance of parties on fixed hearing dates, consequences under Order IX CPC |
| Order XVII Rule 3 CPC | Court may proceed to decide suit if party present but fails to produce evidence or perform act necessary for case progress after opportunity |
| Order IX CPC | Governs consequences of absence or presence of parties in civil suits |
ORDER
Shakeel Ahmad, J.- This Civil Petition for Leave to Appeal, filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, is directed against the order dated 21.05.2025 passed by the Lahore High Court, Lahore, whereby Constitution Petition No. 30394 of 2025, filed by the petitioner against the orders/judgments dated 29.01.2025 & 12.04.2025 of the Civil Judge Class-I, Pindi Bhattian and Additional District Judge, Pindi Bhattian, respectively, was dismissed in limine.