Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXVII, R. 3---Closing of evidence---After settlement of issues, suit was postponed for evidence of plaintiffs, but plaintiffs despite number of adjournment, some of which were without real justification, failed to adduce evidence to prove their case---Some of adjournments were subject to payment of costs and some were treated as final opportunity, but plaintiffs could not produce evidence---Court in view of such delaying tactics of plaintiffs closed their evidence and dismissed their suit for want of proof as burden to prove case was on plaintiffs---Plaintiffs despite enough time and opportunity afforded to them having failed to adduce evidence to prove their case, their evidence was rightly closed and in absence of any proof their suit was rightly dismissed by Court which had enough powers to enforce judicial discipline to effectively arrest further delay in suit. JUDGMENT Civil revision petition is filed by the successors of the original plaintiff Noor Ahmad from the judgment decree dated 28-6-1990 of Additional District Judge, Rahim Yar Khan, passed in Civil Appeal No.49/14 of 1989, affirming those of the trial Court dated 28-11-1989, closing plaintiffs evidence under Order XVII, rule 3, Civil P.C. and dismissing their suit for want of proof. It arose from a civil suit brought by plaintiff Noor Ahmad against Mst. Fazlan, and Zahoor Ahmad defendants 1 and 2 to avoid registered gift-deed dated 12-2-1978, executed by Zahoor Ahmad in favour of Mst. Fazlan, and to have it declared that he was owner in possession of the land in suit on the basis of a donation evidenced by unregistered deed dated 15-10-1977. 147 Kanals, 12 Marlas of agricultural land situate at Mauza Goth Ameen of Tehsil Liaqatpur was owned by Zahoor Ahmad. Mst. Fazlan was wedded to him as his wife. They had no issue. By deed registered on 12-2-1978, Zahoor Ahmad donated above piece of land to his wife Mst. Fazlan. Noor Ahmad was brother of Zahoor Ahmad. He claimed that Zahoor Ahmad had gifted 3/4th share in the above land to him by a deed in writing on 15-10-1977, and, to that extent, he was its owner in possession. Mst. Fazlan defended the suit, and, denied…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492