Law:

Section:

Civil Procedure Code (V of 1908)-- ---O.XVII, R.3--Failure to produce evidence--Ex parte proceedings, setting aside of--Petitioner plaintiff failing to lead evidence in rebuttal of respondent-defendant for three years despite many opportunities given to him--Trial Court, held, justified in closing his evidence and setting aside ex parte order against respondent. JUDGMENT SAAD SAOOD JAN, J.--On 18-5-1981 the petitioner filed a suit for specific performance of a contract of sale of a shop. Nazir Hussain, now dead, was the sole defendant. The summons was issued to him for 6-6-1981. On that day he did not appear in the Court. The learned Judge found from the report of the process-server that he had been served in person. Accordingly, he directed that ex parte proceedings be taken against him. The case was then adjourned to 25-6-1981. Three days before this date, Nazir Hussain applied for setting-aside of the ex parte proceedings on the ground that he had not received any summons. This application was opposed by the petitioner. Consequently, the learned trial Court framed an issue to the effect whether the service upon Nazir Hussain was fictitious. Nazir Hussain concluded his evidence on this issue on 13-5-1982. The proceedings were then adjourned to different…

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