Law: Civil Procedure Code (V of 1908)

Section: 3 , 1

Civil Procedure Code (V of 1908)--- - ----OXVII, Rr. 3 & 1 [as amended by Lahore High Court]---Dismissal of suit for non-appearance of plaintiff or her counsel and for non-production of evidence---Plaintiff was allowed four opportunities for producing her evidence; ultimately suit was adjourned with a Final opportunity to plaintiff to produce her evidence on next date of hearing subject to payment of costs---Neither plaintiff or her counsel appeared on the adjourned date nor evidence was produced---Suit was dismissed under OXVII, R.3, Civil Procedure Code, 1908---Validity---Plaintiff was allowed enough time and opportunity for adducing evidence but to no effect; there must be a limit to number of adjournments to a defaulting litigant and Court could not be left at litigants' mercy to be trifled with impunity---Plaintiff having gained time upon payment of costs as a last opportunity, not only defaulted in producing evidence but failed to appear also; counsel adopted the same non-cooperative role without any legal justification, proper occasion thus, existed for application of OXVII, R. 3, C.P.C, for closing plaintiff's evidence---Even otherwise upon refusal of adjournment which clearly lay in the discretion of Trial Court, it could have applied OXVII, R.3, Civil Procedure Code, 1908 (High Court Amendment) for decision of suit against plaintiff. Muhammad Ismail Chaudhary for Petitioner. ORDER This is a plaintiff's civil revision from the decree of Additional District Judge confirming that of the trial Court dismissing her suit on account of failing to give proof to support her claim. Relevant facts for the decision of the revision petition briefly stated are:-- Muhammad Latif owned 18 kanals, 3 marlas of land at mauza Aarazy Yaqoob of Tehsil and District Sialkot. He died without leaving a male issue. He was survived by a widow, a daughter and four brothers. Succession to his estate was governed by Sunni Law. Daughter of the deceased claimed that he was a shiite and except for her and her mother, none was entitled to inherit from his land. Therefore, correctness of Inheritance-Mutation No.466 was questioned by her and its cancellation was prayed…