Law: Civil Procedure Code (V of 1908)

Section: 3

  Civil Procedure Code (V of 1908)--- ----0. XVII, R.3---Non-production of evidence---Striking off of defence---Trial Court was on leave and the ministerial staff of the Court gave last opportunity to the defendant for evidence---Defendant failed to produce his evidence and his defence was struck off, whereas a number of opportunities were given to the plaintiff for prodttetion of evidence and the case was not decided forthwith by the Trial Court---Validity---Provisions of O.XVII, R.3 of C.P.C. were not attracted unless default committed by a party in doing act for which time was granted---Where the defence of the parties was struck off, the Trial Court could always, on the basis of the material available on record, pass a judgment and decree forthwith---Judgment and decree passed by lower Court suffered from legal infirmity and were not passed in terms of provisions of O.XVII, R.3 of C. P. C. and the same was set aside in circumstances. Muhammad Hussain and 5 others v. Akram Baig and 3 others PLD 1988 Lah. 183; Muhammad Nazeer etc. v. Mst. Fatima Bibi 1993 MLD 329; Mst. Kaniz Fatima v. Ghulam Mustafa 1994 MLD 174; Malik Nayyar Hussain v. Muhammad Saeed and others 1993 MLD 1788; Muhammad Haleem and others v. H.H. Muhammad Naim and others PLD 1969 SC 270 and Sultan v. Yara and others NLR 1994 Civil 23 ref. Administration of justice--- ---- Ministerial staff of a Court has no authority to direct the parties to do or not to do certain act. Administration of justice--- ---- Mere technicalities cannot be allowed to defeat ends of justice and it is always good that the case should be decided on merits. Manager, Jammu and Kashmir, State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678 rel. Civil Procedure Code (V of 1908)--- ----O.  XVII,  R.3  &  5.115---Revision---Pro  forma,  defendant  did  not  file  any appeal---Revision---Maintainability---Where the pro forma defendant had entered into transaction with the plaintiff and, as such, failed to appeal against the judgment and decree of the Trial Court, the same would be a future bar against him and not against the party who had challenged the…