Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure Code (V of 1908)--- ----OXVII, R.3---Closing of evidence---Where party to whom time was granted to produce evidence, had failed to produce same, it was incumbent upon Trial Court to decide case after closing of evidence of failing party, and to decide suit on merits rather than passing decree in a summary manner without any discussion on issues involved in controversy. Muhammad Haleem v. M.M. Muhammad Naeem P L D 1969 SC 270; Bahadur Shah v. Sharaf Major P L D 1967 Lah. 154; Delal Khan v. Province of West Pakistan P L D 1970 Quetta 79; Zaitoon Begum v. Muhammad Ilyas P L D 1971 Lah. 143 and Rahim Bakhsh v. Mst. Nazir Khanam 1980 C L C 595 ref. Civil Procedure Code (V of 1908)--- ----OXVII, R.3---Closing of evidence---Deciding suit forthwith---Court under OXVII, R. 3, C.P.C. has to proceed to decide suit "forthwith"---Decision "forthwith" means that Court must decide case on same day and cannot adjourn hearing to some other date and then purport to decide it under OXVII, R.3, C.P.C.---Decision `forthwith' has to be a decision on merits and must be on consideration of material on record ---Such decision has not to be a summary decision ---OXVII, R. 3, C.P.C. can be pressed into service when it is possible to decide case on merits and it cannot apply when suit is at a preliminary stage. Mst. Zainab Bibi v. Khuda Bakhsh 1986 C L C 1074 ref. Words and phrases--- ----"Decide forthwith"---Meaning. Faizullah Khan Sadozai for Petitioners. Respondent No.l in Person. Date of hearing: 27th September, 1989. JUDGMENT   This is a revision petition against the judgment and decree passed by the learned District Judge, D.I. Khan, dated 24-9-1983 whereby the order and decree dated 14-3-1982 of the learned Senior Civil Judge, D.I. Khan, was affirmed and suit filed by Doctor Inayatullah Khan plaintiff-respondent herein, against the Government of N.-W.F.P. and 4 others for declaration and perpetual -injunction had been decreed under Order XVII, Rule 3 of the Civil Procedure Code. Shorne of unnecessary details, the case of the plaintiff-respondent as set up in the plaint filed on 22-4-1978 is that notwithstanding his compulsory…