Law:

Section:

Civil Procedure Code (V of 1908)-------O. IX, R. 8--- Specific Relief Act (I of 1877), Ss.12, 42 & 54---Law Reforms Ordinance (XII of 1972), S.3--- High Court appeal-Suit for. declaration , permanent injunction, possession and damages---Plaintiff's side was closed due to non-appearance of plaintiff and his witnesses for cross-examination and matter was adjourned for defendant's evidence---Application moved by the plaintiff for recalling order of closing his side, was granted with a caution that no more adjournment would be allowed in the matter and case was adjourned---On adjourned date of hearing plaintiff and his witnesses were stuck up in traffic and could not appear in the court in time and application of plaintiff for adjournment was rejected and suit was dismissed for non-prosecution---Upon appraisal of the record it appeared that impugned order was not in conformity with law as law favoured adjudication on merits---On relevant date traffic was blocked due to V.I.P. movement in respect of which plaintiff had produced evidence, but said proof was disbelieved---Valuable rights of the parties being involved, matter should be decided on the basis of evidence produced by the parties---Appeal was allowed and impugned order was set aside---Case was remanded to the Trial Court with direction to record the evidence of the parties within stipulated period. Ajab Khan v. Karimi Industries and others PLD 1980 Pesh. 259; Themas Dass v. State of Punjab PLD 1970 Quetta 79; Muhammad Ramzan v. Mst. Allah Wasai and 3 others 2006 MLD 1577 and Amanullah Khan and 5 others v. Mst. Hayat Bibi and 4 others 2406 CLC 1546 rel. Mirza Sarfaraz Ahmed for Appellant. Muhammad Ali Hakro for Respondents Nos.1 and 2. ORDER The appellant has impugned the order, dated 8-10-2007 passed by Single Judge in Suit No.829 of 2004 whereby the suit filed by the appellant against the respondents was dismissed for non-prosecution. Succinctly the facts leading to the case are that the appellant filed Civil Suit No.829 of 2004 against the respondents for declaration, permanent injunction, possession and damages to the tune of Rs.10 million averred that the appellant is entrepreneur as well as…

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