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SAJIDA MUSSARRAT versus MUHAMMAD SHAFI

Civil Procedure Code Orders XVII, Rr 3 and 1 of the CPC Adjustments OXVII [as amended by the Lahore High Court] for the dismissal of the plaintiff or his lawyer and the filing of the evidence for the absence of evidence. Four opportunities were allowed for. Subsequent to the payment of costs on the next date of trial, the plaintiff was filed with the final opportunity and neither the plaintiff nor his lawyer appeared on the postponement date nor any evidence was presented nor Oxvii, R. 3, the case was dismissed under the Civil Procedure Code, 1908 The legitimate plaintiff was allowed sufficient time and opportunity to add evidence but to no effect. There should be a limit to postponement for the default trial and the court cannot be excused from prosecution, with the exception that the plaintiff took time to pay costs, not just to present evidence. I was mistaken but failed to appear; without any legal justification the lawyer adopted the same non-cooperative role; the appropriate opportunity, OXVII, R 3, was available for CPC request, for the plaintiff. To close the evidence, even if the refusal to postpone, which is clearly at the discretion of the trial court, is possible against the plaintiff. OXVII for asthma decisions, R 3, is applied to the civil code, 1908 (HC edit) family advocate from Ghazi lawyer