Law: Civil Procedure Code (V of 1908)

Section: O.XVIIr.3,1(2),1(3),S.115

Law: Civil Procedure Code (V of 1908)

Section: O.XVIIr.3,1(2),1(3),S.115

(a) Civil Procedure Code (V of 1908)-------O. XVII, R.3-Non-production of remaining evidence by plaintiff despite availing more than nine consecutive adjournments and burdening him with costs of adjournment and giving him warning, final and last opportunity at six different occasions---Dismissal of suit by Trial Court upheld by Appellate Court---Validity---Duty of plaintiff was to lead evidence to prove his cause---Suit had remained pending for more than three years for recording of plaintiff's evidence---Trial Court could not keep case pending for an indefinite period---Trial Court on last date of hearing had directed plaintiff's counsel to produce evidence on relevant date, otherwise his right to produce evidence would be struck off---Trial Court had closed evidence of plaintiff on relevant date after keeping the case in waiting till 2-30 p.m.---Order sheet did not indicate "sufficient cause" for grant of further adjournment on relevant date---Trial Court had rightly dismissed suit on basis of available material---High Court dismissed revision petition in circumstances. Zahoor v. Election Tribunal 2008 SCMR 322 and Muhammad Afzal v. Muhammad Ashraf 2004 YLR 1166 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XVII, Rr.1 & 3---Adjournment being prerogative and discretion of Court could not be claimed by parties as a matter of right---Evidence in case once begun must continue till examination of all witnesses in attendance in Court---Principles. Sardar Muhammad Ramzan for Petitioners. Nemo for Respondents. ORDER RAJA MUHAMMAD SHAFQAT KHAN ABBASI, J.--- The petitioners, namely, Muhammad Aslam, son, and Mst. Khalida Bibi, daughter of Noor Alam (deceased), by filing this revision petition under section 115, C.P.C. have called in question the judgment and decree dated 23-1-2009 passed by the learned Additional District Judge, Kharian, District Gujrat, whereby he dismissed their appeal maintaining the judgment and decree dated 8-4-2008 passed by the learned Civil Judge IIIrd Class, Kharian, whereby he while closing their right of producing evidence under Order XVII rule 3, C.P.C. dismissed their suit for possession through pre-emption. 2. Precisely the facts…

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