Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure C6de (V of 1908)--- ---- OXVII, R.3 --- Closing of evidence --- Plaintiffs did produce evidence on the first date of hearing, but failed to produce evidence on the next date when their evidence was closed and their suit was dismissed --- Failure of plaintiffs to produce evidence on that date admittedly was not intentional, but was due to sudden illness of their counsel---Plaintiffs, having not acted contumaciously in not producing evidence on that date, Trial Court took extremely stringent view in applying penal provisions of OXVII, R.3, C.P.C. which in circumstances was not called for --- Decision of dispute has to be on merits rather than readily applying the penal provisions of law---Interest of justice would have been better served if plaintiffs were afforded another opportunity to lead evidence rather than applying penal provisions of law. Ch. Ghulain Sarwar for Appellants. Ch. Muhammad Anwar Bhinder for Respondent No.l. Date of hearing: 16th March, 1991. JUDGMENT MANZOOR HUSSAIN SIAL, J.--This Regular First Appeal is directed against judgment and decree dated 21-7-1987 of the learned Civil Judge, First Class, Wazirabad whereby he dismissed the suit for recovery of Rs.5,50,000 instituted by the appellants against Mahboob Ali and another on 13-5-1985. The plaintiffs maintained that Mahboob Ali respondent No.1 asserted on 12-5-1982 that he was general attorney of Muhammad Rafiq respondent No.2 who owned land in Tehsil Wazirabad which the latter wanted to dispose of. On 14-5-1982 they entered into an agreement to purchase the said land and paid Rs.2 lacs in advance. On 15-5-1982 the balance amount of Rs.3 lacs was also paid and the sale-deed in respect of the land in question was got registered. Afterwards the plaintiffs learnt that they had been deceived as the defendant No.2 was not owner of the land for which the plaintiffs had to pay Rs.5,50,000. Muhammad Rafiq respondent No.2 was proceeded cx parte whereas the suit was contested by Maliboob Ali respondent No.l. The learned trial Judge formulated on 7-1-1986 following issues:- Whether the civil Court has got no jurisdiction to hear this suit? OPD. Whether the plaintiffs have not come to…