Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XVII, Rr. 2 & 3---Distinction between Rules 2 and 3 of OXVII, C.P.C: --While R.2, OXVII, C.P.C. applies to hearings adjourned at the instance of the Court and also where there is no material on the record, Rule 3 applies where the adjournment must have been at the instance of a party and there must be material on record to proceed to decide the case---Plaintiff without any reasonable cause failed to produce any evidence, oral or documentary, despite 13 adjournments---Held: Court was left with no alternative but to proceed with suit under O.XVII, R.3, C.P.C---Where witness called by plaintiff was present but plaintiff failed to examine him there was sufficient material on record in circumstances to justify dismissal of suit under O.XVII, Rule 3, C.P.C. PLD 1963 Kar. 356; Abdul Shakoor v. Abdul Rasool 1991 C L C 1164; Ghulam Rasool and 3 others v. Mahboob Ali and another, PLD 1971 Lah. 143; Mst. Zaitoon Begum and 2 others v. Muhammad Ilyas and 6 others, AIR 1955 Mad. 258; Natesa Thevar v. Vairavan Servaigaran AIR 1964 Pat. 142; Dr. M.P. Sinha v. Life Insurance Corporation of India and another Paruri Venkatesware Rao v. Parvataneni Subrahmanya AIR 1939 Madras 974; 1987 C L C 2389 Ch. Khan Muhammad and others v. Mst. Haleeman Bibi and 3 others and 1989 C L C 1425 Riaz Hussain and others v. Mureed Hussain and others ref. (b) Civil Procedure Code (V of 1908) ----O.IX, R.8 and O.XVII, R.r. 2 & 3---Provisions of O.IX, R.8, C.P.C. apply where parties make default on first date of hearing, whereas O.XVII, Rr.2 & 3 C.P.C. apply where plaintiff and defendant have already appeared but defaulted at adjourned hearing of a case. (c) Civil Procedure Code (V of 1908)--- ----S.96 & O.XLI, R.31---Appeal under S.96, C.P.C. against order of lower Court dismissing suit under O.XVII, R.3, C.P.C.---No evidence on record---Appellate Court in circumstances, not required to state in its points for determination, decision thereon and reasons for the decision. JUDGMENT This appeal under section 96 of C.P.C. is directed against the judgment and decree dated 8-3-1990 passed by First Senior Civil Judge Nawabshah in F.C. suit…

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