Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.3,O.XLI,R.27

Law: Specific Relief Act, 1877

Section: 42

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,118

(a) Civil Procedure Code (V of 1908)--- ----O. XVII, R.3---Failure to produce evidence---Closing of evidence--­Dismissal of suit---Validity---Plaintiff has been provided ample opportunities and repeated `last chance' for production of evidence, but he had failed to produce same---Plaintiff was not only negligent in producing evidence, but had not cared about last chances provided and warnings given to him---Order of Trial Court closing evidence of plaintiff was, thus, unexceptionable---High Court dismissed appeal in circumstances. PLD 1981 SC 474 ref. Mian Gul Shahzad Aman Room and others v. Kameen Mian and others PLD 2003 Pesh. 60 and Fateh Sher v. Muhammad Zubair 2003 SCMR 797 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XVII, R.3---Failure to produce evidence---Closing of evidence--­Such order, if not challenged by filing appeal or revision or writ petition, would become final. (c) Civil Procedure Code (V of 1908)--- ----O. XVII, R.3 & O.XLI, R.27---Failure to produce evidence---Closing of evidence---Dismissal of suit---Application for production of additional evidence before Appellate Court---Validity---Plaintiff had been provided ample opportunities and last chances to produce evidence, but he had been negligent in producing evidence---Allowing permission to adduce further evidence would amount to annulling order of closing of evidence, which had attained finality for not being challenged in appeal, revision or writ petition. (d) Qanun-e-Shahadat (10 of 1984)----- ----Art. 117 & 118---Burden to prove his case is on the plaintiff and he cannot take advantage of weaknesses of the case of defendant. Muhammad Sher and others v. Mst. Taj Meena and others PLD 1996 Pesh. 6 rel. (e) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.XLI, R.27---Suit for declaration of title on basis of Municipal Committee record---Proof of ownership---Copy of Assessment Register of Municipal Committee--­Admissibility in evidence---Such record could not be conclusive proof of ownership of plaintiff and would not be admissible in evidence---Entries made in Municipal record by officials of Municipal Committee on their own, were not based…

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