Law:

Section:

(a) Civil Procedure Code (V of 1908)---- O. XVII, r. 3--Suit, dismissal of-Plaintiff persistently failing to produce his evidence before trial Court-Contention that Court in circumstances should not have dismissed but decided case on evidence already on record, held, misconceived.-[Evidence]. Link (b) Civil Procedure Code (V of 1908)- -- O. XVII, rr. 2 & 3-Suit, dismissal of-Party failing to produce its evidence, or to do any other act necessary for purpose of case, for which time allowed, Court to proceed . to decide, suit forth­with-Order dismissing suit under O. XVII, r. 3 accordingly deemed to be a on merits unlike an order under r. 2 of O. X`II and operates as res judicata between parties-Remedy against such order, held, an appeal against decree.-[Judgment Appeal (civil)]. Link 1 Link 2 Link 3 Rahim Bux and 2 others v. Mst. Nazir Khanum and another 1980 C L C 595; Nila v. Purun A I R 1936 Lah. 385; Har Dayal v. Ram Golam A I R 1944 Oudh 39 and Lal Chand v. Kaka Ram A I R 1927 Lah. 562 ref. Qazi Muhaminad Salim, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Petitioner. Fayaz Hussain Qadri, Advocate Supreme Court and Abid Nawaz, Advocate-on-Record for Respondent. Date of hearing : 26th April, 1981. ORDER ASLAM RIAZ HUSSAIN, J. This petition is directed against the order of Lahore High Court, dated 6-12-1980, dismissing petitioner's Civil Revision. 2. The facts giving rise to the petition are briefly, that Shahid Hussain, petitioner filed a suit for permanent injunction restraining the respondent from demolishing his workshop situated on the land of the respondent. The suit was fixed for production of evidence on four different dates but the petitioner failed to produce the evidence. Therefore, on 6-2-1975, the learned trial Court dismissed the suit under Order XVII, rule 3 of the C.P.C., for want of evidence. 3. Aggrieved by the dimissal order, the petitioner filed an appeal before the District Judge. But it was dismissed by the learned Additional District Judge on 12-11-1980, on the ground that only the judgment of the trial Court had been impugned and further that since a certified copy of the decree passed by the learned trial…

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