Case Details

Citation(s)
1992 SLG 577 1992 SLD 577 1992 CLC 102
Lahore High Court
Civil Revision No. 1145-D of 1991, decided on 1st October, 1991
MUHAMMAD ILYAS, J
Ch. Abdul Razzak for Petitioner

SIRAJ DIN

VS

Lahore DEVELOPMENT AUTHORITY and others

Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----OXVII, R.3---Closing of evidence without giving last opportunity to produce evidence---Validity--Provisions of OXVII, R.3, Civil Procedure Code, 1.908, do not require that before closing evidence last opportunity should be given to the party at fault. (b) Civil Procedure Code (V of 1908)-- ----O.XVII, R.3 & S.115---Closing of evidence---Non-consideration of documents while dismissing suit---Effect---No document could be taken into account while deciding a suit unless such document was duly produced and proved in accordance with law---No document was produced or proved by petitioner and no document was referred to of which judicial notice should have been taken by Trial Court without anything having been done by petitioner---Even if petitioner had placed some documents on record, same could not be taken into account while deciding the suit---Record showed that after framing of issues as many as four opportunities were allowed to petitioner to produce evidence but he failed to do so---Petitioner being highly negligent and careless in pursuing his case, Trial Court was not to blame for closing his evidence---Judgments and decrees passed by two Courts below were unexceptionable. ORDER This civil revision has arisen out of a suit brought by the petitioner, Siraj Din, against the respondents, Lahore Development Authority and 2 others. The Civil Judge, who was seized of the suit, allowed several opportunities to the petitioner to produce evidence but he had failed to do so. His evidence was, therefore, closed and the suit dismissed. Petitioner went in appeal before an Additional District Judge but without success. Hence this civil revision. 2. It was contended by learned counsel for the petitioner that he was not given last opportunity to produce evidence…
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