Law: Constitution of Pakistan, 1973

Section: 3

Law: Code Of Civil Procedure, 1908.

Section: 10-A

 Summary

The appellant (SNGPL) challenged the dismissal of its recovery suit by the Gas Utility Court under Order XVII Rule 3 CPC for alleged non-production of evidence. The High Court held that dismissal under Order XVII Rule 3 CPC was illegal where the plaintiff’s witness had already tendered affidavit-in-evidence, produced documentary record, and was present in court ready for cross-examination. The trial court was obligated to decide the suit on the basis of available material rather than mechanically dismissing it. Such action violated settled principles of procedural law, natural justice, and the constitutional guarantee of fair trial under Article 10-A of the Constitution. Consequently, the impugned judgment was set aside and one final opportunity was granted to the appellant to produce remaining evidence.

Tag Line 

Dismissal of suit under Order XVII Rule 3 CPC is illegal where witness is present and evidence is already on record; courts must decide on merits.

ORDER;