Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0. XVII, R.3---Suit was dismissed by Trial Court for non-availability of complete evidence of plaintiff---Validity---Trial Court, instead of dismissing the suit, ought to have recorded statements of witnesses present in the Court---Suit having not been adjourned on the asking of plaintiff, Trial Court illegally applied the provisions of O.XVII, R.3, C.P.C.---Judgment and decree of Trial Court was set aside by High Court. Haji Muhammad Ramzan v. Mian Abdul Majid and others PLD 1986 SC 129 and Jind Wadda and others v. Abdul Hamid and others PLD 1990 SC 1192 rel. PLD 1996 Lah. 702; Shirin and 4 others v. Fazal Muhammad and 4 others 1995 SCMR 584; Abid Hussain and others v. Aziz Fatima and others PLD 1995 SC 399 and Lahore Development Authority v. Muhammad Rashid 1997 SCMR 1224 distinguished. (b) Civil Procedure Code (V of 1908)--- ----S. 96---Appeal barred by time due to office objections---Effect---Law did not intend to make the appeal as barred by time due _ to non-compliance of petty objections raised by the office, but it would be barred by time only if the nature of the objections was such, that same could only be removed by the defaulting party itself, like making of deficiency of court-fee, the deposit of printing charges, furnishing of certified copies of impugned and decrees etc. PLD 1996 Lah. 702; Shirin.and 4 others v. Fazal Muhammad and 4 others 1995 SCMR 584; Abid Hussain and others v. Aziz Fatima and others PLD 1995 SC 399 and Lahore Development Authority v. Muhammad Rashid 1997 SCMR 1224 distinguished. JUDGMENT M. JAVED BUTTAR, J. This first appeal is directed against the order/judgment and decree dated .6-11-1995 of Civil Judge 1st Class, Sargodha, whereby the appellant's suit for possession through pre-emption was dismissed. 2. The relevant facts are that the appellant instituted a suit for possession through pre-emption against the respondent before the Civil Court at Sargodha on 13-10-1993 which was contested by the respondents through their written statement. Learned trial Court framed the necessary issues on 14-6-1994. On 17-7-1995 an amendment was made in Issue No.5 with the consent of the learned…

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