ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO

Civil Revision No.S- 117  of 2023

 

Date

               Order with signature of Judge

1. For orders on office objection-A.

2. For orders on CMA No.530 of 2023. E/A.

3. For hearing of main case.

05.04.2024.

None present.

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          This Revision arises out of F.C.Suit No.64/2021 filed by Assadullah Solangi son of Muhammad Bux against the Judgment of Senior Civil Judge, Kashmore dismissing the Suit under Order 17 Rule 3 CPC due to the failure of Assadullah Solangi leading/ producing evidence after having been given several opportunities to do so. The Applicant aggrieved by this Order has filed this Civil Revision. The trial Court has discussed in detail various reasons given by the Applicant on the several dates of hearing requesting for adjournment on various grounds. It appears that the plaintiff continue to fail to record the evidence and to comply with the Order of the trial Court.

          I have perused the file and I do not sight of any evidence to justify the delay in the recording of evidence on the part of the Applicant. Notwithstanding that request for adjournment before the trial Court were made by the Counsel as well as on behalf of the Applicant and there is no contemporaneous evidence field along with the Revision in support of the same. I find no ground for interference in the impugned Order of the trial Court. Apart from the reasons given herein above it appears that since the date of filing of this Revision the Applicant appeared on first three dates of hearing when office had raised certain objections and the Applicant requested for time to comply with the same. However; subsequently, this matter has been listed in this Court on four different dates beginning from 18.01.2024. None has been present on behalf of the Applicant. No intimation is received. Once against today this is the same position and further the office objections which were raised on the dates of hearing in 2023 continue to remain want of compliance. In view of above, the Civil Revision is dismissed in default.   

 

                                                                                             J U D G E

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