Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XVII, R.3---Closing of evidence---Plaintiff failed to produce his evidence in spite of having allowed countless chances and he was non-suited as he had not substantiated his claim on strength of any evidence whatever---Scores of opportunities were provided to plaintiff for production of his evidence, but he did not avail any---Court bad been extremely indulgent to plaintiff, but plaintiff did not realize his responsibility in his own interest and continued to be careless as ever---If Court had been granting "last" opportunity to plaintiff on a number of occasions, it would not necessarily follow that the word had lost its meaning---When plaintiff, was himself not interested in pursuing and proving his own cause, Court had no option, but to close his evidence after having been tired of adjourning the case repeatedly for plaintiffs evidence---Evidence of plaintiff was rightly closed and he was rightly non-suited in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O.XVII, R.3 & S.115---Closing of evidence ---Revisional jurisdiction--­Plaintiff whose evidence was closed for his failure to produce evidence despite providing him several opportunities had not been able to show as to what material irregularity or illegality had been committed by Court below in making order closing evidence of plaintiff or as to how same was outcome of a misreading or non-reading of material on record---Plaintiff had to blame none but himself for dismissal of his suit for non-production of evidence---Order of Court below could not be interfered with by High Court in exercise of its revisional jurisdiction. Shahnawaz v. Amir Muhammad etc. PLD 1989 Lah. 209; Municipal Corporation; Lahore v. Abdul Hameed etc. 1987 CLC 1261;. Faiz Bakhsh v. District Judge, Multan and others 1983 CLC 2437 and Sharif Ahmad Hashmi v. Chairman, Screening, Committee, Lahore 1980 SCMR 711 ref. (c) Civil Procedure Code (V of 1908)--- ----O.XLVII, R.1---Review---Judgment or judicial order was not to be reviewed merely because a different view could have been taken---Court Could resort to that rare relief only when alleged error was evident on face of it…

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