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ATTA ELAHI vs ALLAH BACHAYA O — 2024 CLC 29 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 29 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
ATTA ELAHI vs ALLAH BACHAYA O
Subject matter
Civil
Provisions referred to
S. 42---P

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

ATTA ELAHI VS ALLAH BACHAYA O. XVII, R. 3---Specific Relief act (I of 1877), S. 42---Party failing to produce evidence after availing numerous opportunities---Suit of the petitioner was dismissed concurrently by the Trial Court as well as by the appellate Court under O. XVII, R. 3 of C.P.C---Validity---Order sheet reflected that the issues were framed on 15.04.2017 and the provisions of O. XVII, R. 3, C.P.C. were invoked on 24.06.2019---In that period, spreading over two years, the case was fixed for numerous dates of hearing, out of which about seventeen adjournments were sought by the petitioner's side for the purposes of examination of their witnesses---Hardly, any adjournment was sought by the respondent side---On several hearings not just warnings were given but thrice the cost was imposed on the petitioner for failure to examine the witnesses---To delay the matter the petitioner and her lawyer had adopted a strategy whereby on some dates of hearing the counsel absented himself and whenever he was available, the witnesses were not present---Said fact left the Trial Court with barely any alternative but to proceed and decide the case as per law---Trial Court before invoking the provisions of O.XVII, R.3 of the Code and passing the judgment had already taken excessive precautions and granted more than essential opportunities to the petitioner---Petitioner failed to make out any case of want of exercise of jurisdiction or excess of jurisdiction or illegality requiring interference---Civil revision petition was dismissed, in circumstances.

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