Adjornments

2013 CLC 1152 PESHAWAR-HIGH-COURT Judicial Precedent

O. XVII, R.3Adjornments

Both the plaintiff and his witnesses were very much in attendance but their evidence was not recorded due to absence of their counsel on account of strike, by lawyers

Knowing fully well that lawyers' community was observing strike, Trial Court could have and should have recorded the statement of witnesses even in the absence of the counsel for the plaintiff

No effort was made by the Trial Judge to record statement

Appellate Court also dismissed the appeal of the plaintiff in a cursory manner without attending to the record of the case

Revision petition was allowed and case was remanded to Trial Court for decision on merits.

2013 CLC 1152 PESHAWAR-HIGH-COURT Judicial Precedent

O. XVII, R.3AdjornmentsPlaintiff was actively pursuing the case to conclude evidence

Plaintiffs' witnesses were very much present before the Trial Court for recording evidence but counsel of plaintiff was absent because of lawyers' strike

Trial Court did not record statement, instead dismissed the suit

Validity

Entire lawyers' community of the country went on one strike after another, during those days invariably all the courts of the country wore a deserted look and the same continued till the lifting of the emergency and restoration of Judges of the superior courts to their respective offices in a respectable manner

Plaintiff could not be penalized in circumstances.