SYED ARSHAD ALI, J.- Through instant appeal, the appellant has questioned the validity, legality and propriety of order dated 08.12.2017 passed by learned Senior Civil Judge, Mansehra, whereby the right of the petitioners to cross examine the witnesses was struck off under Order-17 Rule-3 of the Civil Procedure Code, 1908.
2. Respondent MIS Zardad Khan and company through attorney Muhammad Iqbal, instituted a suit against the appellants/defendants for recovery of Rs. 1,8015,964.08 along with 18% profit on compound rate as well as for recovery of Rs. 50 million as damages. It was averred in the plaint that pursuant to an agreement between the parties, the plaintiffs/respondents constructed the Dheri-Nara-Batsangra road and completed the work. After completion of the work, he submitted the bills which were duly approved, however, despite receipt of all requisite approvals, the defendants have not paid any penny, which not only has caused huge financial loss to him but he also suffered mental agonies. The suit was contested by the defendants by filing written statement. During the proceedings in the suit, the plaintiffs produced and examined PW-1 and PW 1 on 06.02.2015. The cross examination of the said witnesses could not completed due to absence of either witnesses or counsel for the defendants. The examination in chief of PW-3 was started on 04.10.2016 and was completed on 19.01.2017 and thereafter, several opportunities were provided to the other side for cross-examining the witness, but in vain and ultimately, vide the impugned order dated 08.12.2017, the learned trial Court struck off the right of the defendants to cross examine said witness.
3. Learned counsel for the respondent has agreed that if petitioner cross examines the witnesses and produces his entire evidence within a period of one month, then impugned order may be set aside giving last opportunity to the petitioners to conclude the evidence.
4. On the other hand, learned counsel representing the appellants stated that he will be able to produce the entire evidence within a period of three months.
5. In this view of the matter , the impugned order dated 08.12.2017 is set aside and the petitioners are allowed to cross examine PW 3. The learned trial Court shall hold day to day proceedings in the matter and will complete the trial within a period of two months. Appella nts shall cross examine the remaining witnesses of the plaintif f as well as shall also produce their entire evidence within the said period.