2003 PLD 180 SC Civil Procedure Code --Order XVII of C.P.C. adjournments ----O. XVII, Rr.3, 2, 1 & O.IX---Constitution of Pakistan (1973), Art. 185(3)---Where on any date the hearing of the suit is adjourned and parties or any of them failed to appear, Court, under, O.XVII, R.2, C.P.C. may proceed to dispose of the suit in one of the modes directed by O.IX, C.P.C.---Petitioner, in the present case, admittedly failed to cause attendance of his witnesses from 3-1-1995 to 14-7-1999 without any valid reason--Neither the petitioner nor his witnesses or his counsel was present even on the last date of hearing, which was a sufficient cause to close his evidence--Trial Court, in circumstances, while exercising jurisdiction under O.XVII, R.3, C.P.C. had not committed any illegality.
Posted on: Wed, 04 Sep 2013 07:49:12 +0000
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