1989 PLP 959 (CLC)

Mubarak Hussain Siddiqui for Respondents. Date of hearing: 18th September, 1988. This appeal on behalf of Muhammad Yousif, the plaintiff, is directed against the judgment dated 21‑8‑1980 and decree dated 17‑9‑1980 of the District Judge, Thatta passed in money Suit No.39 of 1979. The learned District Judge dismissed the suit. The facts leading to the filing of the above suit are that on 18‑12‑1971 the plaintiff's/appellant's bus full of passengers started from Thatta Bus Stand at 8‑00 p.m. for going to Jung Shahi and when it hardly covered a mile and was on National Highway in between Municipal Octroi Post and Maliki Hills when a truck No.PRA‑3153 which was coming from opposite direction (Karachi side) in a very fast, rash and high speed, came on the wrong side of the road and dashed with the bus of the appellant on its wrong side with the result that major accident took place and about 23 passengers received injuries, some of them very serious and the bus was totally damaged. It is alleged in the plaint that at the time of the accident the truck was being driven by the respondent No.2 very negligently and rashly and the ostensible owner at the time of the accident was the respondent No.l as he had purchased the said truck from one Zahidin and the said truck was being plied by the respondent No.l as its lawful owner and the accident took place during the lawful management and ownership of the respondent No.l. It is alleged that in this mishap the bus was totally damaged and thereby the appellant sustained a loss of Rs.24,000 towards its repairs and other incidental charges. It is alleged in the plaint that both the respondents being master and servant together are liable jointly and severally for damages claimed at Rs.24,

000. Both the respondents were served through publication but remained absent. Ex parte proceedings were ordered on 28‑5‑1980. The case was adjourned for affidavits of proof to 31‑5‑1980. On 31‑5‑1980 the Presiding Officer was absent and the case was adjourned to 23‑7‑1980. On 29‑7‑1980 affidavit in ex parte proof was filed. The appellant also filed an application for adjournment as he wanted to file affidavits of other witnesses. The case was adjourned to 20‑8‑1980. On 20‑8‑1980 the appellant sought adjournement on the ground that he could not obtain documents from the Civil Court. The learned District Judge rejected the application. The learned District Judge after considering the affidavit dismissed the suit. The appellant being aggrieved has filed the present appeal. I have heard Mr. K.B. Bhutto learned counsel for the appellant in support of the appeal and Mr. Mubarak Hussain Siddiqui learned counsel for respondent No.l. I have perused the R & P. The facts narrated hereinabove would speak for themselves. It is true that Courts should be very strict in granting adjournments. The appellant could not obtain documents from the Court of A.C.M. and Civil Judge Thatta. I accordingly set aside the judgment and decree. The learned District Judge should allow the appellant to produce the documents. In the result, the appeal is allowed but in the circumstances, without costs. As the case has become already old, attempt should be made to dispose of the case within three months from the receipt of R & P. The above are the reasons for my short order dated 18‑9‑1988. M.Z.S./M‑630/K???????????????????????????????????????????????????????????????????? Case remanded.