Raza Khan vs Malik Muhammad Munir O — 2025 MLD 1201 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1201 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Raza Khan vs Malik Muhammad Munir O
Subject matter: Civil
Provisions referred to: S. 96

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

Raza Khan VS Malik Muhammad Munir O.XVII Rr.1(1), (2) & 3 ---Non-production of evidence despite several opportunities---Dismissal of a suit for want of evidence---Practice of granting 'last opportunity' then 'absolute last opportunity' deprecated by courts---Powers of Trial Court to adjourn the case on sufficient grounds---Scope---Under Rule 1(1) of Order XVII, Code of Civil Procedure, 1908, the trial Court is vested with powers to adjourn the case on showing sufficient cause by either of the party and from time to time adjourn the hearing of the suit and R. 1(2) of the said Order empowers the Court seized of the matter to fix a day for further hearing of the suit subject to costs occasion by the adjournment ---In the present case, the Trial Court used the discretion in favour of the appellant many a time by granting him adjournments for production of complete evidence but he failed to catch up to the said leniency shown to him by the Trial Court and even he himself did not jump into the witness box so as to record his statement---The impugned order, judgment and decree dismissing the suit for want of evidence despite providing numerous opportunities were passed with jurisdiction and were well within the parameters of law and the same were not interfered with by the High Court in exercise of appellate jurisdiction under S.96 of C.P.C. ---Appeal being meritless, was dismissed, in circumstances.

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