SHAHID HUSSAIN vs ABDUL JABBAR TASSADUQ O — 2026 PLD 75 LAHORE-HIGH-COURT-LAHORE

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SHAHID HUSSAIN VS ABDUL JABBAR TASSADUQ O. XVII, R. 3 & O. XLI---Remand of the case by the Appellate Court---Trial Court, responsibility of---Closing the evidence---Scope---Trial Court decreed the suit for recovery on the basis of promissory note yet on appeal High/Appellate Court remanded the case, however, on post-remand proceedings the suit was dismissed on failure of the plaintiff to produce evidence---Argument of the appellant/plaintiff was that even in case of failure of party to comply with order to produce evidence, the Court can ask the failing party to record its statement and then to proceed with the matter---Validity---Record (remanded order, order sheet, impugned judgment) reflected that while closing right to produce evidence or invoking penal provision of O. XVII, R. 3, C.P.C., no violation of settled law had taken place as the appellant/ plaintiff was directed to record his statement but he remained reluctant and attempted to seek an adjournment---In pursuance to the order of remand expert evidence was sought which went against the interest of the plaintiff---It looked that after knowing the same the plaintiff started adopting delaying tactics---The scope of remand was to place the burden on the appellant (plaintiff) to prove the execution of the promissory note and soliciting the expert evidence---Entire pre-remand evidence as well as the post remand record reflected that the appellant had failed to discharge the burden---The remand order was passed giving six months' time to complete the process of post-remand proceedings.---Appellant (plaintiff) delayed the matter for about fifteen (15) months, thus, neither any leniency can be shown nor appellant remained able to prove his case---Appeal, filed by plaintiff, was dismissed with costs.

SHAHID HUSSAIN vs ABDUL JABBAR TASSADUQ O — 2026 PLD 75 LAHORE-HIGH-COURT-LAHORE

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