Law: Civil Procedure Code (V of 1908)

Section: 3

  Civil Procedure Code (V of 1908)--- ----OXVII, R. 3---Plaintiff, in support of his claim failed to produce even a single witness in spite of having provided number of opportunities ---Trial Court closed plaintiff's evidence and dismissed his suit---Validity  Plaintiff s plea, that although his evidence could be closed under provision of OXVII, R.3, Civil Procedure Code, 1908, yet Trial Court could not have dismissed the suit but should have instead proceeded with the suit, repelled---Suit could not have been proceeded with, when neither the plaintiff nor his witnesses were in attendance, especially when the nature of his claim was such that it required sufficient evidence of oral character, in support, without there being available on record any document in support of his claim---Course adopted by Trial Court for disposal of the suit was correct in circumstances. Civil Procedure Code (V of 1908)--- ----OXVII, R. 3-- Dismissal of suit for non-proof of plaintiffs claim by reason of lack of evidence---Validity-- Plaintiff, after framing of issues had not been able to bring his witnesses on as many as 9;10 occasions-- Plaintiff ultimately having been allowed last opportunity for producing his evidence did not even care to be present in Court on adjourned date, in person, whereupon Trial Court proceeded to apply the penalty provision of OXVII, R.3, C.P.C.---Trial Court had no other option, but to close plaintiffs evidence and dismiss his suit for want of evidence, which was the correct course adopted by the Trial Court. Civil Procedure Code (V of 1908)--- ----S. 115---Dismissal of suit for non-proof of plaintiffs suit---Judgments and decrees delivered by two Courts below did not suffer from any legal infirmity or irregularity  Courts below in passing impugned orders had, in fact, served the ends of justice by refusing to prolong the proceedings further and extend to plaintiff undue accommodation---Judgments and decrees of Courts below were affirmed in circumstances. Abdul Rashid Sheikh for Petitioner. ORDER One Muhammad Khalid instituted a suit in January, 1989, against Muhammad Din, Sharifan Bibi and Mst. Sofia, for recovery of Rs.20,900…