HASHAM KHAN vs HAROON UR RASHID O — 2022 SCMR 1793 SUPREME-COURT

Case information

Citation: 2022 SCMR 1793 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: HASHAM KHAN vs HAROON UR RASHID 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

HASHAM KHAN VS HAROON UR RASHID O. XVII, R. 3---Court may proceed notwithstanding either party fails to produce evidence---Scope --- Expression "to decide the suit forthwith" used in Order XVII, Rule 3, C.P.C. did not mean to decide or dismiss the suit there and then---Court, while implementing the provisions of Order XVII, Rule 3, C.P.C. can take time to go through the available record and then decide the matter---Even, in case of failure of a party to comply with the order within the contemplation of said provision of law, the Court can ask the failing party to record its statement and then to proceed with the matter---In such like situation, if the failing party is the plaintiff, who records its own statement, the Court can ask the other party/ defendant for defence/rebuttal evidence---In the present case on failure of the petitioners/plaintiffs to comply with the orders of the Court regarding production of their remaining evidence, the Trial Court, by invoking the provisions of Rule 3 of Order XVII of the C.P.C., struck off their right to adduce evidence and straight away dismissed the suit without even touching merits or available evidence on the record---Petition for leave to appeal was converted into appeal and allowed, and the case was remanded back to the Trial Court to decide the same within a period of three months. Head NotesCase Description

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