Law:

Section:

Civil Procedure Code (V of 1908)--O. XVII, R.3---Constitution of Pakistan (1973), Art. 185(3)---Plaintiffs suit for possession and injunction dismissed for non-production of evidence---Order of dismissal of suit was also sustained by the High Court in revision---Leave to appeal was granted to examine: (i) whether Trial Court had discretion to apply provisions of O. XVII, R.3, C.P.C., a punitive provision or to adjourn the case or pass any order other than punitive; (ii) if Court had the required discretion; whether, it had been properly exercised, particularly whether the interest of minors was duly safeguarded; (iii) whether, in view of clear averments in plaint regarding record of rights showing plaintiffs ownership; and, defendant not having denied existence of such record of rights and its effect and thus having relied on his adverse possession in this behalf, could the suit be dismissed under O. XVII, R. 3, C.P.C.; (iv) or, it should have been decreed on the basis that the original ownership of plaintiffs' side not having been seriously contested, defendant had failed, in the facts and circumstances of present case, to establish the plea of adverse possession; and (v) other related questions. ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the plaintiff side in a suit for possession and injunction; against the dismissal of their Civil Revision, by the High Court. The petitioners amongst whom there are minors failed in the trial Court on account of the application of the punitive provisions contained under Order 17, Rule 3, C.P.C. It was applied because on the relevant final date of hearing the learned counsel for the petitioners appeared and made a statement that the petitioners being absent he was helpless and the Court might…

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