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

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Raza Khan VS Malik Muhammad Munir O.XVII, Rr.1(1) & 3---Non-productionof evidence despite several opportunities---Dismissal of a suit for want of evidence---Trend of granting 'last opportunity' then 'absolute last opportunity' deprecated by courts---Duty of court for enforcing its order when last opportunity to comply with the same is granted---Scope---Prevailing pattern in the conduct of litigation in the lower courts of the country is heavily permeated with adjournments---What would otherwise be a quick trial, has become a lengthy, expensive time-consuming and frustrating process both for the litigant and the judicial system---While some adjournments are the consequences of force majeure, most are not---To cater for the later and to discourage misuse, the C.P.C. through O. XVII, R.3 has provided the court with a course of action that checks such abuse---It is important for the purpose of maintaining the confidence of the litigants in the court systems and the presiding officers that where last opportunity to produce evidence is granted and the party has been warned of consequences, the court must enforce its order unfailingly and unscrupulously without exception---Such order would not only put the system back on track and reaffirm the majesty of the law but also put a check on the trend of seeking multiple adjournments on frivolous grounds to prolong and delay proceedings without any valid or legitimate rhyme or reason---Where the court has passed an order granting the last opportunity, it has not only passed a judicial order but also made a promise to the parties to the lis that no further adjournments will be granted for any reason---The court must enforce its order and honor its promise---There is absolutely no room or choice to do anything else---The order to close the right to produce evidence must automatically follow failure to produce evidence despite last opportunity coupled with a warning---The trend of granting (Akhri Mouqa) then (Qatai Akhri Mouqa) and then (Qatai Qatai Akhri Mouqa) make a mockery of the provisions of law and those responsible to interpret and implement it and such practices must be discontinued.

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

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