Law: Civil Procedure Code (V of 1908)

Section: O.XVII,r.3

Civil Procedure Code (V of 1908)- -- O. XVII, r. 3-Adjournments-Suit pending for over 18 months but only a single witness examined and conduct of plaintiffs not at all helpful for progress of case -Adjournment specifically asked for and taken for purpose of producing evidence but no witness in attendance on adjourned date of hearing-Contention that evidence could not be produced for some misunderstanding, not being supported by record Plaintiffs' conduct, held, fully attracted provisions of O. XLII, r. 3 and lower appellate Court had no basis for using discretion in favour of plaintiffs-.Impugned order, passed by appellate Court set aside and of trial Court maintained, in circumstances.- {Adjournment]. Bahadar Shah etc. v. Sharaf Major etc. P L D 1967 Lab. 154 and Muhammad Haleem etc. v. H. H. Muhammad Naim etc. P L D 1969 S C 270 distinguished. THIS JUDGMENT DELIVERED BY: M. S. H. QURESHI, JUSTICE---.--- This is the defendant's first appeal directed against the order dated 26-2-1978 passed by the District Judge, Cambellpur, allowing the plaintiffs' appeal from dismissal of their suit by the Senior Civil Judge, Campbellpur. 2. In the suit which was for possession by pre-emption, a number of issues were framed on 29-4-1974 and the matter was listed for 19-10-1974 for evidence of the plaintiffs but summonses could not issue because the process-fee was not paid in time and as such the matter was adjourned to 3-1-1975. On the latter date, only the Patwari was present but he could not be examined because of the illness of the plaintiffs' counsel. He was examined on the next date i.e. 29-4-1975. There being no other witness present -then the matter, was adjourned to 15-7-1975 but as the Presiding Officer was on leave on that date, it was again adjourned to 30-7-1975 for evidence of the plaintiffs. On this subsequent date also, no witness appeared and the matter was adjourned, at the plaintiffs' request to 11-11-1975. Oil this date, the plaintiffs' counsel made a statement that no witness was present and that none was summoned on account of some misunderstanding. He prayed for further adjournment which was disallowed and on the basis of evidence already on record, the…

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