Law:

Section:

(a) Civil Procedure Code (V of 1908)------O. XVII, R.3---Adjournment in routine---Suit for possession through pre-emption filed by the petitioner---Suit, however, kept on being adjourned for the evidence of the petitioner and her right to produce evidence was thus, closed under O.XVII, R.3, C.P.C. by the Trial Court---Suit was ultimately dismissed for lack of proof---Appeal by the petitioner also remained unsuccessful---Contention of the petitioner was that her right to produce evidence was incorrectly closed, as the case was adjourned in routine, and the penal provisions of O.XVII, R.3, C.P.C. would thus, not be applicable or could have been invoked against her--�Validity---On the date, preceding the one, on which the right of evidence of the petitioner was closed, the case was found to be adjourned in routine on account of sickness of the petitioner and without any objection by the respondent---No condition of final opportunity was imposed on her nor was she subjected to any kind of costs---Such an adjournment could not be termed as an adjournment on the request of the petitioner--�No material was on record, facilitating the Trial Court for just decision of the case and in such an eventuality by law the case should have been adjourned on the request of the party penalized---Said adjournment being in routine, therefore, penal action against the petitioner was not justified. Syed Haji Abdul Wahid and another v. Syed Sirajuddin 1998 SCMR 2296; Government of N.W.F.P. through Secretary, C&W and others v. Messrs Tahir Shoaib Rashid Shoaib 1998 CLC 1680; Syed Tasleem Ahmad Shah v. Sajawal Khan and others 1985 SCMR 585; Haji Muhammad Ramzan Saifi v. Mian Abdul Majid and others PLD 1986 SC 129; Qutab-ud-Din v. Gulzar and 2 others PLD 1991 SC 1109; Muhammad Shafique v. Mst. Zahida Begum and others PLD 1995 Lah. 561; K. P. W. Factors (Pvt.) Ltd. v. Shafqat Javed Cheema and others 1998 CLC 110; Pakistan Burmah Shell Ltd. v. Tariq Brothers 1997 CLC 761 and Muhammad Siddique v. Syed Zulfiqar Haider and others 1995 CLC 431 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XVII, R.3---Effect of O.XVII, R.3, C.P.C.---Provisions of R.3 of O.XVII, C.P.C. are…