Law: Civil Procedure Code (V of 1908)

Section: O.XVII,r.3

Law: Civil Procedure Code (V of 1908)

Section: O.XVII,r.3

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), O.XVII, R.3---Suit for declaration---After framing issues, case was adjourned for recording evidence of plaintiffs---Plaintiffs failed to produce evidence despite several adjournments---Evidence of plaintiffs was closed and suit was dismissed by the Trial Court---Appellate Court below, however, set aside and decree passed by the Trial Court and remanded case--Validity-Plaintiffs did not state any reason for their failure to produce evidence despite many adjournments granted to them for that purpose---Trial Court, in circumstances, had rightly dismissed suit filed by the plaintiff for their failure to produce evidence---High Court set aside order of Appellate Court---Judgment and decree of the Trial Court dismissing the suit stood restored, in circumstances. Ch. Ali Muhammad for Petitioner. Mian Liaqat Javed for Respondents Nos.2 to 4. Date of hearing: 16th June, 2008. JUDGMENT MAULVI ANWARUL HAQ, J.--- For the purpose of this judgment reference to pleaded facts would not be necessary. Suffice it to say that on 20-9-2003 respondents Nos.1 to 4 (hereinafter to be referred as the plaintiffs) filed a suit against the petitioner and respondents Nos.5 and 6 seeking a declaration that order dated 18-9-2003 passed by respondent No.5 is illegal and void. The suit was contested by the petitioner and respondent No.4 by filing written statement. Issues were framed on 21-2-2005. The case was adjourned to 26-4-2005 for recording evidence of the plaintiffs. It was not present and on the request the case was adjourned to 14-6-2005. On this date again the evidence was absent and the adjournment was granted on the request of the plaintiffs and the case was adjourned to 28-7-2005. Again evidence was absent and the case was adjourned to 18-10-2005. On this date a last opportunity was granted for 15-12-2005. The evidence was absent and the case was adjourned to 1-2-2006 on request subject to cost of Rs.100. On this date evidence was again absent. The request for adjournment was refused and the evidence was closed. The suit was dismissed vide judgment and decree of even date. The plaintiffs filed an…

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