Law: Civil Procedure Code (V of 1908)

Section: 3

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1908)--   ---O.XVII, R.3--Constitution of Pakistan (1973), Art.185(3)--Failure to produce evidence--Consequence of--Leave to appeal granted to plaintiff /appellant to examine whether law laid down by same High Court in P L D 1979 Peshawar 33 was not attracted to the case and the impugned order could not be passed by Trial Court under O.XVII, R.3, C.P.C. thereby dismissing the suit.    Shahzullah v. Shahabuddin P L .D 1979 Pesh. 33 ref.   (b) Civil Procedure Code (V of 1908)--   ---O.XVII, R.3--High Court Rules and Orders, Vol. IV, Chap. 5-B-­North-West Frontier Province Court Fee (Abolition) Ordinance (XIV of 1978), Ss. 2 3--Failure to produce evidence--Plaintiff not depositing process fee, forms of summons and expenses of witnesses--Suit dismissed and decision upheld by appellate and revisional authority-­Plea that in view of law laid down by same High Court earlier there was no need of any process fee, not considered--Order impugned-­Held, under provisions of Chap. 5-B,Vol. IV of the High Court Rules and Order, process fee is realised in form of Court Fee Stamp and in view of law laid down .earlier plaintiff was not required to furnish process fee nor he could be penalized for not doing so-­Appeal accepted, impugned order set aside and case remanded to Trial Court for proceeding in accordance with law.   Shahzullah v. Shahabuddin P L D 1979 Pesh. 33 ref. JUDGMENT SHAIFUR RAHMAN, J.--Leave to appeal was granted to the plaintiff /appellant to examine whether the law laid down by the , Peshawar High Court in Shahzullah v. Shahabuddin P L D 1979 Pesh. A 33, was not attracted to the case and the impugned order could not be passed by the trial Court under Order XVII, Rule 3, C.P.C thereby dismissing the suit. The appellant claimed that he was in possession of land measuring 21 Kanals 9 Marlas in Mahal Gharbi, Had Bast No.188, Tehsil and District Peshawar. It was at one time evacuee land. The appellant was the tenant thereof and had put on it 9 Kothas of which he was in occupation. This land had been allotted to certain displaced persons from whom the respondent M/s. Karimi Industries Ltd. Peshawar had…

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