Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XVII, R. 3 & S. 115---Dismissal of suit for non-production of evidence---Validity---Court while proceeding under O.XVII, R. 3, C.P.C. to decide the case forthwith, should consider merits of case as available on record which might comprise of any evidence recorded till then or documents placed on record and also pleadings of parties---Plaintiff had been seeking repeated adjournments after framing of issues and had failed to summon even official witnesses whose names appeared in the list of witnesses--=Such fact and subsequent conduct of plaintiff itself would show that he had 'been avoiding to proceed with the case and intended to cause harassment only---Extreme measure should, however, be taken where Court had come to conclusion that plaintiff by his conduct had made it impossible for Court to proceed with the trial of the suit and continuation of proceedings was only intended to cause harassment to defendants---Conduct of plaintiff in the case would justify the procedure adopted by the Trial Court---Another aspect that would also disentitle plaintiff from any leniency to be shown to him is that he had not complied with the order of Trial Court whereby costs of adjournment were imposed on him---No case was made out for interference with concurrent findings of Courts below in dismissing plaintiffs suit. JUDGMENT' This Revision Application has been filed challenging the concurrent judgments of the two Courts below. Briefly the facts are that the present applicant and respondent No.2 had claimed to have jointly purchased one acre of land from out of Survey No.850/3 Deh Thano, Tappo Malir, Karachi from Settlement Department in open auction. However, it is contended that when they went to take possession of the said land they found the possession to be with respondent No.l and the) asked him to vacate the said land, first he kept them on promises but ultimately refused to do so. The present applicant, therefore, filed the suit for possession and mesne profit being Suit No.4980 of 1981 (New No.3030 of 1985). The present respondent No.l filed the written statement claiming that the said one acre of land formed part of…

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