MUBASHIR HUSSAIN SHAH, MEMBER-II. --- This order will dispose of the above revision petition with facts as gleaned from the record of the case and lower fora.
2. Briefly the relevant facts for the decision of the present revision are that Mst. Rahmania brought for the recovery of her share of produce by way of rendition of accounts in respect of landed property bearing different Khasra and Khata numbers fully detailed in the heading of the plaint as per periodical record for the year 2006-07 situated within the revenue estate of Lund Khwar, Tehsil Takht Bhai District Mardan for the crops mentioned in the plaint.
3. Facts of the case have already been discussed in series of earlier appeals with the last appeal bearing No, 36/9 of 2014 wherein different acts of the Trial Court were challenged before the Appellate Court. In the said appeal the present petitioners had called in question the order and decree of the Trial Court dated 14.02.2014 by striking off the rights of defence of the petitioners. The said appeal was allowed and the Trial Court was directed to give another last and final opportunity to make their counsel available in the Court and discussed the issues framed in the case. Record reveals that when the case received by the Trial. Court, the petitioner/defendants its recorded their evidence and the case was fixed for arguments on different dates of hearing but the defendants/petitioner failed to ensure the availability of their counsel, hence their defence was closed and the suit for produce was once again decreed after discussing the necessary issues already framed in the case vide the impugned order/decree dated 16.01.2015.
4. The appeal and revision of the petitioners having failed, they have come up in second revision before this Court.
5. Arguments heard and record perused.
6. This case was adjourned so many times, with direction to the petitioners to produce their counsel, the petitioners adopted a fubion attitude and were playing hide and seek with the Court.
The provision of Order 17, Rule 3, CPC has been rightly applied; the case cannot be kept pending for indefinite period.
7. There are three concurrent findings against the petitioners, which cannot be upset in this second revision.
8. This being the position, there is no merit in this revision petition which is dismissed with no order as to costs. Revision file be sent to record room. Copies of this order be sent to all three fora.