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2000 C.L.R. 1928

Malik KHURSHID vs A.D.J., etc.

Citation2000 C.L.R. 1928
CourtLahore High Court
Case No.Writ Petition No. 2234 of 1983
Date1999-12-08
Judge(s)Mian Saqib Nisar
ResultN/A

MIAN SAQIB NISAR, J.--- Respondent No. 3, filed a suit for the recovery of a sum of Rs.12,000/-, inter alia against the present petitioner. This suit was resisted by the defendants. Issues were framed; parties were put to trial; plaintiff produced and completed his evidence and the case was fixed for the evidence of petitioner-defendant, who availed 3/4 opportunities to do the needful and was even granted last opportunity, however, he could not produce the evidence, which was closed under the provision of Order XVII, Rule 3, CPC, vide order dated 5.4.1983. Against the above, petitioner has filed revision before the learned Addl. District Judge, which has been dismissed on 26.4.1983. Hence this petition.

2. Learned counsel for the petitioner has argued that on the date when the petitioner's evidence was closed, petitioner was sick and could not appear before the Court.

I am afraid that at the time when the case was called and impugned order by the trial Court was passed, no such fact was brought to the notice of the Court. This seems to be the result of an after- thought. No illegality or jurisdictional error in the impugned orders have been shown, calling for any interference in Constitutional jurisdiction. This petition has no merits and is hereby dismissed.

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