Learned counsel contends that the provisions of Order 17, Rule 3, C.P.C. Could not be invoked against the petitioners as the date of 3rd of July, 1988 was A not fixed at their instance. He further states that if an opportunity is given to the petitioners, they will produce their remaining evidence on the date fixed for this purpose at their own responsibility and will not seek any further adjournment.
2. Admit. Notice.
3. At this stage Mr. Kazim Raza Shamsi, Advocate accepts notice on behalf of respondent No.1.
4. As regards respondents No. 2 to 11, it is stated by learned counsel for the parties that ex parte proceedings are being taken against them in the trial Court as they have not appeared to contest the suit in spite of service. Therefore, as pointed out by learned counsel for respondent No.1, it is not necessary to issue them notices m this revision petition in accordance with Order XLI, Rule 14(3), C.P.C.
5. Learned counsel for respondent No.1 states that he has no objection to the acceptance of this revision petition and granting the petitioners one last opportunity to produce their remaining evidence in accordance with the list of witnesses filed by them in the trial Court.
6. Accordingly, this revision petition is accepted and the impugned order passed by the learned trial Court on 3rd of July, 1988 is set aside. The learned R trial Court shall fix a date for the remaining evidence of the petitioners in accordance with the list of witnesses filed by them. The petitioners shall produce their witnesses on that date at their own responsibility. They will not be granted any adjournment for this purpose.
7. The parties shall appear before the trial Court on 20th of November, 1988.