1998 SCMR 1067 SUPREME-COURT

Full text

MUNAWAR HUSSAIN VS ADDITIONAL DISTRICT JUDGE, JHELUM Civil Procedure Code --Order XVII of C.P.C. Adjournments--3 , ----S. 13---Civil Procedure Code (V of 1908) OXVII, R.3 ---Application for ejectment---Dismissal of eviction application by closing evidence ---Validity--Landlord after filing eviction application on 10-6-1992, despite several opportunities, neither furnished the list of witnesses nor was able to produce evidence to substantiate his stand till 20-7-1993, when Trial Court directed dismissal of the application by closing the evidence of his side---Record showed extraordinary negligence of landlord in pursuing the case---Landlord or his authorised attorney had not appeared before the Court, on any of the dates of hearing---Held, it was obligatory for the landlord to have taken effective steps either for producing or summoning the evidence to support his claim ---Trial Court had shown sufficient indulgence and there appeared no impropriety or defect for ultimately closing side of the landlord on account of his consistent failure to produce evidence despite seeking repeated adjournments.