Law: Civil Procedure Code (V of 1908)

Section: XVII,3

Civil Procedure Code (V of 1908)--- ----O. XVII, R. 3---Suit for recovery of Rs. 6,70,00,000/---Failure to produce evidence---Dismissal of suit---Principle---Appellant/plaintiff was aggrieved of dismissal of suit on failure to produce evidence---Validity---As per record, the case had been adjourning for recording evidence of the appellant till 18.11.2024 for more than 1 year after framing of issues---Appellant availed sufficient opportunities for producing and recording of her evidence but she remained unable to do the same---Trial Court granted ample opportunities and even absolute last and final opportunity was granted to her with the warning i.e. if evidence would not be produced her right to produce evidence would be closed and before passing impugned order cost was imposed in presence of the appellant with the said warning---During that span, statement of even a single witness could not be recorded---No other option was left with the Trial Court except to invoke the penal jurisdiction of O.XVII, R.3, C.P.C.---From the bare perusal of said facts and referred provisions of law it became crystal clear that the trial Court ordered a specific warning and imposition of cost therefore once the final opportunity was granted along with a clear warning, the Court must enforce its order strictly and without exception---Lis of the present matter remained pending before the Trial Court for almost more than three years and the other party kept on facing the agony of the trial for such a long period--Appellant could not produce her evidence before the Trial Court despite availing reasonable opportunities---Lis was prolonged on one pretext or the other despite clear orders of the Trial Court---Cases must be decided promptly, otherwise it causes heavy backlogs of controversies between the parties, that amounts to abuse of legal system and a hurdle in fair and timely disposal of cases---In such circumstances, case of the appellant squarely fell within the mischief of provision of O.XVII, R.3, C.P.C. and appellant's suit was rightly dismissed by the Trial Court after affording reasonable and justified opportunities to produce her evidence--Appeal being devoid of any…