Law:

Section:

Civil Procedure Code (V of 1908)--- O. XVII, r. 3-Evidence, failure to produce-Petitioners delibe­rately attempting to delay proceedings before trial Court and not producing evidence despite several adjournments-Evidence on record not establishing averments of petitioners-Superiority of claim of other party also found by High Court to be established by copy of shajra nasab and other documents-Case in view of such facts and adamant conduct of petitioners, held, not fit for grant of leave to appeal-Constitution of Pakistan (1973), Art. 185 (3).-[Evidence]. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from the order dated 10-2-1982 of the Lahore High Court, whereby a second regular first appeal arising out of a suit for possession through pre­emption (which was decreed in favour of respondents) was dismissed in limine. Despite several adjournments (and penalising the petitioners through costs for some of the adjournments), the petitioners had failed to adduce evidence, the suit was accordingly decided by the learned trial Court under Order XVII, rule 3 of C. P. C. Although there appears to be some force in the argument of the learned counsel that a regular first appeal should not be dismissed in limine, however, in the facts and circumstances of this case, that notwithstanding this aspect of the…

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