Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), O.XVII, R.3 & S.115---Suit for specific performance of agreement---Closing of evidence---Plaintiffs having failed to produce evidence, their evidence was closed and suit was dismissed by the Trial Court---Appeal against and decree of the Trial Court was accepted by the Appellate Court---Validity---Evidence was brought by the plaintiffs on two occasions, but their evidence was not recorded because of the inability of the counsel for the defendant to cross-examine them---No cogent reason had been given in revision petitions as to why witnesses produced by the plaintiffs were not cross-examined by the defendant---Had counsel for defendant been aware of his responsibility and the said witnesses had been cross-examined, the occasion for closing the evidence would not have arisen---Was incumbent upon the defendant to justify her inability to cross-examine the witnesses produced by the plaintiffs on the said two dates and only then the defendant could plead that subsequent default of the plaintiffs was not condonable---Petition was dismissed. Syed Iftikhar Hussain Zaidi v. Mst. Shafiqa Begum and 30 others 2003 SCMR 844; Mian Gul Shahzad Aman Room and others v. Kameen Mian and others PLD 2003 Pesh. 60; Aftab Ahmad Khan and others v. Mist Surayah Begum and 7 others PLD 2004 Pesh. 168; Fateh Sher v. Muhammad Zubair 2007 SCMR 797 and Abdul Shakoor and others v. Province of the Punjab and 4 others 2005 SCMR 1673 ref. Malik Javaid Akhtar Wains for Petitioner. ORDER SAIF-UR-REHMAN, J.---This revision petition has been directed against the order dated 19-4-2007 passed by the learned Additional District Judge, Multan whereby judgment and decree dated 22-6-2000 passed by the learned Civil Judge, Multan dismissing the suit filed by respondents was set aside and the suit was remanded to the learned trial court for its decision in accordance with law. 2. Suit for specific performance of agreement filed by the respondents was resisted by the petitioner. Issues were framed by the learned trial Court and the suit was adjourned to numerous dates. The respondents failed to produce evidence due to which…

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