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Civil Procedure Code (V of 1908)--- O. XV11, r. 3 Application of O. XVII, r. 3 Ex parte decree¬ Defendant getting adjournment twice for filing written statement but failing to file same Defendant's defence struck off and case adjourned Court recording evidence on such date and passing ex-parte decree Discretion exercised by Court in passing decree, held, proper Leave refused in circumstances, [Adjournment]. Order XVII, rule 3, C. P. C. applies where a party who is granted time to perform some act, not only fails to do so but is also absent on the date to which the hearing is adjourned. 1t is immaterial whether the adjournment was granted at the instance of the party or for other reasons. Where a defendant does not appear at an adjourned hearing, this rule applies irrespective of whether he appeared at the first hearing or not and the Court has to exercise its discretion ; its hands are not tied by the previous ex-parte order. Yusuf Ali v. M. Aslam Zia and 2 others and M. Aslam Zia v. Yusuf Ali (P L D 1958 S C (Pak.) 104; S. Azizul Hassan and another v. Malik Ghulam Muhammad 1971 S C M R 123 ; Municipal Committee, Bahawalpur v. Sh. Aziz Ilahi P L D 1910 S C 506 and Masta, v. Sarang and another P L D 1969 S C 261 ref. ORDER MIAN BURHANUDDIN KHAN, J. Leave is sought against the order of a. learned single Judge of the Peshawar High Court dated 14 12 1981 in Civil Revision No. 473 of 1981. 2. The plaintiffs respondents (respondent No. 1 before us) brought a suit against the petitioner and other respondents, for the recovery of Rs. 1,32,600 as arrears of rent. All the respondents, except the petitioner, were proceeded against ex parte. Some adjournments were allowed on the request of the petitioner for submission of written statement but he failed to avail himself of. the opportunity to submit his written statement within the time specified by the trial Court. On 22 7 1981, the defence of the petitioner was struck off and the case was adjourned to 2 9 1981 for ex parte evidence. After recording such evidence as the plaintiff respondent wished to adduce, ex parte decree was passed on the same date. 3. Learned counsel for the petitioner contended before us that the…

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