Law: Civil Procedure Code (V of 1908)

Section:  O. XVII, r. 1

(a) Civil Procedure Code (V of 1908)  O. XVII, r. 1Nonproduction of evidenceContention that appellant committed no wilful default in not producing evidence on fixed date inasmuch as their counsel failed to give intimation of such dateNo such plea raised before first appellate Court nor anything appearing on record to support such pleaHeld: Matter in any case rested between appellants and their counsel and appel lants not entitled to any indulgence on such ground in second appeal.[Evidence]. (b) Civil Procedure Code (V of 1908)  O. XVII, r. 1AdjournmentSufficient causeWhether sufficient cause exists for grant of adjournmentHeld, primarily a question of factProvision though penal in nature yet in circumstance of case nothing illegal in application of such provision.[Adjourn mentQuestion of fact]. Date of hearing : 16th October, 1979..                                                                                                                               JUDGMENT The land measuring 38 kanals, 18 marlas, which is subjectmatter of the dispute was included within the boundary line of Miani Sahib Graveyard in pursuance of the final notification, issued under section 4(2) .of the Miani Sahib Graveyard Ordinance, 1962. The appellants filed a suit for declaration, challenging the inclusion of this land in the grave yard. Alternatively, they prayed for possession through removal of the graves from the site. 2. The respondent resisted the suit. Several issues arising out of the pleadings of the parties were framed by the learned trial Court on llth December, 1967 and the case adjourned to 6th March 1968 for the appellants evidence. As they could not produce evidence, on this date, on their request the case was adjourned to 27th April, 1968 for evidence. The appellants again failed to lead evidence and the reason assigned by their learned counsel for…