Law: Civil Procedure Code (V of 1908)

Section: 3

Civil Procedure Code (V of 1908)--- -----O.XVII, R.3---Closing of evidence---In order to attract the application of provisions of O.XVII, R.3, Civil Procedure Code, 1908, the adjourned date has to be on the request and at the instance of the party in default---Where the adjournment was not at the-request of the party in default, R.3 of OXVII, Civil Procedure Code would be inapplicable---In order to penalize a party so as to close its evidence, resort could be made to the provisions of O.XVII, R.3, Civil Procedure Code if the party contumaciously failed to produce its witnesses. PLD 1991 SC 1109; 1992 CLC 1241; 1992 CLC 760; PLD 1987 Lah. 157; 1993 CLC 1359; 1993 CLC 1325; 1992 CLC 102; PLD 1992 Lah. 355; 1992 ALD 672 and 1990 ALD 400 ref. Ch. Muhammad Khan for Petitioner. Muhammad Ilyas Sheikh for Respondents ORDER The facts leading to the institution of the instant revision petition are that the petitioner instituted a suit for the recovery of Rs.61,000 as arrears of, rent outstanding against the respondents/defendants. The issues in the suit were framed on 17-6-1992 and the petitioner/plaintiff called upon to produce his evidence in support of the case. The petitioner/plaintiff concluded his evidence on 17-5-1995 whereafter the suit was fixed for the evidence   of the respondents/defendants on 15-6-1995. -It was adjourned  to  16-7-1995,  18-9-1995  and  then  to 17-10-1995, on which date only the statement of the respondent/defendant was recorded. Learned counsel for the plaintiff though present in the Court sought time to cross-examine the defendant. The case on his request was adjourned to 26-10-1995, on which date, the petitioner/plaintiff moved a miscellaneous application to the effect that he respondents/defendants be directed to affix requisite court-fee on the set off claimed by them. The said application was accepted by the learned trial Court on 26-10-1995 and the respondents/defendants were directed to pay the requisite Court fee on the set off by or before 16-11-1995. On the failure of the respondents/defendants to pay the requisite court-fee, the time was extended up to 13-12-1995. As however, the…