Law: Civil Procedure Code (V of 1908)

Section: 3 , 7-A , 5

  Civil Procedure Code (V of 1908)--- ----OXVII, R.3 & OXVI, R.7-A---Closing of defendants' evidence-- Validity---Adjournment of case for recording evidence of defendants' witnesses was on their request but same was occasioned due to non-service of summons issued to their witnesses---Trial Court's observation that defendants failed to make efforts to get their witnesses served under OXVI, R.7-A, Civil Procedure Code, 1908, was entirely based on misreading of record--Adjournment of case being not at the request of defendants, penal provision of O.XVII, R.3, Civil Procedure Code was not attracted---Closing of defendants' evidence was thus, not warranted and not sustainable. Civil Procedure Code (V of 1908)-- ---O.XVII,  R.3---Closing  of  defendants' evidence---Plaintiffs' affirmative evidence having not been concluded, defendants should not have been called upon to produce their evidence till such time the affirmative evidence by plaintiffs was concluded including the statement of one of plaintiffs-- Procedure adopted by Trial Court for closing evidence of defendants was thus not sustainable.…