Law: Specific Relief Act (I of 1877)

Section: 42

Law: Civil Procedure Code, 1908

Section: O.XVII R. 3

PLJ 2026 Civil (Note) 28 [Lahore High Court, Lahore] Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, 1908 (V of 1908), O.XVII R. 3--Suit for declaration--Dismissed for want of evidence--Repeated opportunities granted--Conditional adjournment with cost willful default--Delaying dectics--Applications for receiver and local commissioner--Concurrent findings--Record showed that petitioner repeatedly failed to lead his evidence despite being granted repeated and adequate opportunities including conditional adjournments with costs--In these circumstances, learned Trial Court was fully justified in invoking provision of Order XVII Rule 3 of Code of Civil Procedure, 1908--Adherence to such directions reinforces rule of law, preserves sanctity of judicial orders, and curbs growing culture of frivolous adjournments--Petition dismissed.          [Para  4 & 5] A & B Judgment Through instant revision petition, petitioner has assailed vires of judgments and decrees dated 12.11.2022 and 13.12.2023 passed by learned Civil Judge and Additional District Judge. Kasur, respectively, whereby petitioner’s suit for declaration was concurrently dismissed for want of evidence. 2.       Learned counsel for the petitioner submits that the learned Courts below prematurely concluded the proceedings without affording the petitioner a fair and meaningful opportunity to adduce evidence. He contends that the petitioner was fully prepared and willing to record his evidence, but due to the manner in which the proceedings were conducted, he was effectively deprived of a proper chance to do so. He further submits that the denial of adequate opportunity violates the principles of natural justice and fair trial, rendering the impugned judgments and decrees illegal and suffering from material irregularity. 3.       On the other hand, learned counsel for respondents has Supported the impugned judgments and decrees. 4.       The record shows that the petitioner repeatedly…