Law: Civil Procedure Code (V of 1908)

Section: 3

(a) Civil Procedure Code (V of 1908)---O. XVII, R.3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Right of production of evidence of defendants closed by Court by applying O.XVII, R.3, C.P.C.--- Validity---Defendants on two occasions had produced evidence but same-could not be recorded on account of non-availability of counsel of plaintiffs---Defendants, thereafter, on three successive dates could not produce their evidence resulting in closing their right to produce evidence--­Case on such occasions was adjourned without objection by plaintiffs' side--­Non-production of evidence by defendants in such background could not be deemed to be contumacious act on their part---Plaintiffs had taken two years' in producing their evidence---Policy of Courts should be that case must be decided on merits instead of technical knock-out---Penal provision in a statute should be strictly construed---Interest of justice would demand that matter should be decided on merits---Order of closing of evidence was set aside, case was remanded to Trial Court wherein same was directed to be decided within specified period. Syed Tasleem Ahmad Shah v. Sajawal Khan and others 1985 SCMR 585 rel. (b) Interpretation of statutes--- --Penal provision in a statute should be strictly construed. (c) Administration of justice--- ---- Case must be decided on merits instead of technical knock-out. JUDGMENT This Constitutional petition is directed against the orders, dated 12th of March, 1991 and 21st of July, 1991 passed respectively by the Civil Judge and the Additional District Judge, Khushab, closing the right of production of evidence of the petitioner by applying Order 17, Rule 3, C.P.C. Facts briefly are that respondent Atta Muhammad being owner filed a suit on 14-4-1988 for possession relating to House No.4083/Q/RH situated in Khushab City. This was resisted by the petitioners-defendants _and out of the pleadings of the parties the following issues were framed:-- (1) Whether the suit is not in its present form? (2) Whether the suit is mala fide and as such suit is liable to be dismissed? (3) Whether the plaintiff is estopped by his own words and conduct to file this…

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