Скачать или смотреть Order 17 cpc 1908 ... adjournments in civil

2020 SCMR 300
Power of Trial Court to close right of party to produce evidence---Pre-requisites---Practice in lower courts of seeking multiple adjournments on frivolous grounds to delay trial ---For O. XVII, R. 3, C.P.C. to apply and the right of a party to produce evidence to be closed, two conditions must have been met; first, at the request of a party to the suit for the purpose of adducing evidence, time must have been granted with a specific warning that said opportunity would be the last and failure to adduce evidence would lead to closure of the right to produce evidence; and, secondly the same party on the date which was fixed as last opportunity failed to produce its evidence---For the purpose of maintaining the confidence of the litigants in the court systems and the presiding officers it was important that where last opportunity to produce evidence was granted and the party had been warned of the consequences, the court must enforce its order unfailingly and unscrupulously without exception--Such order would not only put the system back on track and reaffirm the majesty of the law but also put a check on the trend of seeking multiple adjournments on frivolous grounds to prolong and delay proceedings without any valid or legitimate rhyme or reason---Where the Court had passed an order granting last opportunity, it had not only passed a judicial order but also made a promise to the parties to the lis that no further adjournments would be granted for any reason---Court must enforce its order and honour its promise---Order to close the right to produce evidence must automatically follow failure to produce evidence despite last opportunity coupled with a warning---Supreme Court observed that the trend of granting (Akhri Mouqa) then (Qatai Akhri Mouqa) and then (Qatai Qatai Akhri Mouqa) made a mockery of the provisions of law and those responsible to interpret and implement it, and that such practice must be discontinued, forthwith.