Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O0. XVII, R.3---Failure to produce evidence---Suit, dismissal of--­Principles---Court can use the punitive action under the provisions of O.XVII, R.3 C.P.C., without even giving a final opportunity of evidence to the parties---Provision of O.XVII, R.3 C.P.C. is permissive and discretionary and also not mandatory in nature---Court can only close the evidence if the conduct of parties is contumacious and fails to produce the witnesses---Where a party has failed to produce evidence, the Court may close its evidence and proceed to record the evidence of the other party and when evidence of the other party is recorded, the other side must be given a reasonable opportunity to impeach the testimony of the witnesses---Trial Court has to follow the guidelines before attracting the provisions of O.XVII, R.3 C.P.C., namely that (i) the time must be granted to the parties at their own instance, (it) time must have been granted to the parties to do one or other of the three things mentioned in the Rule to-produce evidence or to cause attendance of witnesses or to perform any other act necessary for the progress of the suit, (iii) default must have been committed by the party in doing the act for which the time and adjournment had been granted to it, and (iv) the Court must decide the suit forthwith, which means a decision within a reasonable time under the circumstances. Mst. Arifa Amjad and 2 others v. Abbas Tayab Dar and another (1990 CLC 1743) (Lah.) rel. (b) Civil Procedure Code (V of 1908)--- ---O. VII, R.11 & O. XVII, R.11---Dismissal of suit---Failure to produce evidence---Filing of application under O.VII, R.11 C.P.C.-- Instead of deciding application under O.VII, R.11 C.P.C.; Trial Court, formulated issues and the suit was dismissed for the reason that the plaintiff failed to produce evidence---Judgment of Trial Court was maintained by Appellate Court ---Validity---Where application under O.VII, R 11 C.P.C. was given and reply had been filed; the Court was bound to decide the same firstly and then should have proceeded on with the case or to frame issues and treated the issues of the `suit being incompetent' as…

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