Law: Code Of Civil Procedure, 1908.

Section: XVII

Summary The Supreme Court of Pakistan allowed this pre-emption appeal, holding that the trial court unlawfully closed the appellants’ right to lead evidence under Order XVII Rule 3, CPC because the preceding adjournment was due to a lawyers’ strike (not at the appellants’ request), so the statutory precondition for invoking the penal provision was absent; consequently, the review petition was maintainable despite an appeal lying, as the order suffered from an error apparent on the face of the record. Core Points  The suit was for pre-emption of 12 kanals in Rahim Yar Khan; trial court dismissed it on 14.10.2009 after closing plaintiffs’ evidence under Order XVII Rule 3, CPC. The record showed repeated adjournments due to public holidays, case transfers, judge’s leave, and lawyers’ strikes, with witnesses present on some dates but evidence not recorded. The immediately preceding adjournment before 14.10.2009 was caused by a legal fraternity strike, not by any request/default of the appellants. Order XVII Rule 3 is a penal provision and must be strictly construed; it applies only when time was granted at the request of the defaulting party and that party then fails to perform the act. Supreme Court precedents (Qutab-ud-Din v. Gulzar, PLD 1991 SC 1109; Muhammad Aslam v. Nazir Ahmed, 2008 SCMR 942; Syed Tahir Hussain Mehmoodi, 2014 SCMR 637) bar invoking Rule 3 where the prior adjournment was not at the plaintiff’s request. The Court held the review was competent because the 14.10.2009 order was per incuriam/without lawful authority, constituting an error apparent on the face of the record (supported by Gul Tiaz Khan Marwat, 2026 SCMR 287). Result: Appeal allowed; 14.10.2009 order and all subsequent orders/judgments set aside; matter remanded for fresh trial with directions to conclude within six months. The judgment also issued systemic directions on case management, adjournments, and professional responsibility, to be circulated to High Courts and Bar Councils. Law and section Provision / Principle Source / Case Law Key Rule / Holding Order XVII Rule 3, CPC Code of Civil Procedure, 1908 Court may “proceed to…