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SHAHZADA AMAN ROOM vs MIANGUL HILAL O — 2022 CLC 659 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 659 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
SHAHZADA AMAN ROOM vs MIANGUL HILAL O
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAHZADA AMAN ROOM VS MIANGUL HILAL O.XVII, R.3---Court may proceed notwithstanding either party fails to produce evidence---Scope---Petitioners assailed the dismissal of their suit under O.XVII, R.3 of C.P.C.---Validity---Trial Court before proceeding under O. XVII, R.3 of C.P.C. and closing the right of petitioners to produce their evidence had granted innumerable opportunities---Contention of the petitioners was that after striking-off their right to produce evidence the case should have been further processed and evidence of respondents should have been recorded---High Court observed that petitioners had not got even a single witness examined in support of their case---Pleadings were not evidence by itself---When the petitioners had not been able to examine any of their evidence in support of their case, there had in fact been no evidence in support of the contention of the petitioners, then in such circumstances, putting the case for defendants' evidence and recording the same would have been a matter of mere legal formality having no substantial effect---Such ground for reversal of impugned order was not sufficient---Revision petition was dismissed. Head Notes

Other judgments reported in 2022 CLC

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