SUI NORTHERN GAS PIPELINES LTD. through General Manager, Peshawar vs Dr — 2026 PLD 43 PESHAWAR-HIGH-COURT

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SUI NORTHERN GAS PIPELINES LTD. through General Manager, Peshawar VS Dr. CHANGAIZ HAKIM KHAN O.XVII, R.3---Failure to produce evidence despite multiple opportunities---Effect---Duty and power of Court to close right of plaintiff to produce evidence---Pre-requisites---Order XVII, R.3, C.P.C. obligates the court to proceed with the case and to decide the same if time has been granted to a party and who, firstly, fails to produce his evidence; or secondly, fails to cause attendance of his witnesses; and thirdly, fails to perform any other act necessary to the further progress of the suit. O.XVII, R.3---Failure to produce evidence despite multiple opportunities---Granting of multiple opportunities by court---Trend of granting 'last opportunity' and 'absolute last opportunity', deprecation of---Trend of granting 'akhri mouqa' and then 'qatai akhri mouqa' makes a mockery of the provisions of law and those responsible to interpret and implement it---Such practice must be discontinued. O.XVII, R.3---Failure to produce evidence despite multiple opportunities---Effect---Court striking of right to produce evidence---Scope---The appellant-company filed a suit for recovery against the respondent on account of consumption charges and other related dues---The respondent contested the suit by filing a written statement, after which issues were framed---The Trial Court repeatedly directed the appellant/plaintiff to produce its entire evidence, however, despite several opportunities, the appellant failed to do so---Consequently, the Trial Court invoked the provisions of O.XVII, R.3, C.P.C. and struck off the appellant's right to produce evidence and dismissed the suit---Aggrieved thereby, the appellant/plaintiff filed the present appeal before the High Court---The core issue requiring determination was "whether the Trial Court was justified in dismissing the suit and striking off the appellant's right to produce evidence under O.XVII, R.3, C.P.C. in the circumstances of the case?"---Held: Order sheet of the Trial Court reflected that several opportunities were provided to the appellant/plaintiff but he miserably failed to produce its evidence, therefore, trial court rightly invoked provisions of O.XVII, R.3 of C.P.C.---Present appeal being bereft of any merit was dismissed. Procedural laws in civil matters, adherence to---Scope---Strict adherence to procedural laws, especially in civil cases, is imperative. O.XVII, R.3---Failure to produce evidence despite multiple opportunities---Effect---Striking of right to produce evidence---Scope---Conduct of plaintiff, consideration of---Conduct of plaintiff can compel the Trial Court to press into service the provisions of O.XVII, R.3, C.P.C.---Where sufficient time is being provided to the plaintiff to produce evidence spreading over a period of years, but plaintiff fails to produce the same, such a failure would definitely entail penal consequences as provided under O.XVII, R.3 of C.P.C.

SUI NORTHERN GAS PIPELINES LTD. through General Manager, Peshawar vs Dr — 2026 PLD 43 PESHAWAR-HIGH-COURT

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