2024 C L C 1486
[Lahore (Rawalpindi Bench)]
Before Jawad Hassan, J
Messrs AG SIGNS (PVT.) LTD.----Petitioner
Versus
GASHOO ADVERTISER----Respondent
Civil Revision No.449-D of 2017, heard on 8th May, 2024.
Civil Procedure Code (V of 1908)---
----O. XVII, Rr. 1 & 3---Suit for recovery of money---Striking of defence---Failure to produce complete evidence despite grant of several adjournments---Petitioner / defendant company was aggrieved of judgment and decree passed by Trial Court in favour of respondent / plaintiff after closing its right to produce evidence---Validity---Trial Court used discretion in favour of petitioner / defendant many a time by granting it adjournments for production of complete evidence but it failed to catch up with the leniency shown by Trial Court---Even authorized representative of petitioner / defendant did not enter into witness box so as to record his statement---Pursuing of the case in such manner showed disobedience and indifferent demeanour towards orders of Courts---Such an indolent person could not seek favour of law as the law favours the vigilant and not the indolent---High Court in exercise of revisional jurisdiction declined to interfere in judgments and decrees passed by two Courts below as the evidence was thoroughly examined by Trial Court as well as Lower Appellate Court---Revision was dismissed, in circumstances.
Hasham Khan and others v. Haroon ur Rashid and others 2022 SCMR 1793; Sheikh Khurshid Mehboob Alam v. Mirza Hashim Baig and another 2012 SCMR 361; Hamidullah Khan and another v. Ch. Muhammad Jameel and others 2003 SCMR 995; Muhammad Yaqoob and others v. Raheela Yousaf and others 2024 CLC 49; Sohail Niaz Gill v. Senior Civil Judge, Islamabad and others 2023 MLD 708 and Messrs Ijaz Nizam v. NIB Bank and others 2017 CLD 361 distinguished.
Muhammad Sarwar and others v. Hashmal Khan and others PLD 2022 SC 13; Mst. Zarsheda v. Nobat Khan PLD 2022 SC 21; Shahbaz Gul and others v. Muhammad Younas Khan and others 2020 SCMR 867; Cantonment Board through Executive Officer, Cantt. Board, Rawalpindi v. Ikhlaq Ahmed and others 2014 SCMR 161; Moon Enterpriser CNG Station, Rawalpindi, v. Sui Northern Gas Pipelines Limited through General Manager, Rawalpindi, and another 2020 SCMR 300; Rana Tanveer Khan v. Naseer-ud-Din and others 2015 SCMR 1401; Imran Ahmad Khan Niazi v. Main Muhammad Shahbaz Sharif 2023 SCMR 636; Mst. Farzana Zia and others v. Mst. Saadia Andaleeb and others 2024 SCMR 916; Nasir Ali v. Muhammad Asghar 2022 SCMR 1054; Khudadad v. Syed Ghazanfar Ali Shah alias S. Inaam Hussain and others 2022 SCMR 933; Noor Muhammad and others v. Mst. Azmat-e-Bibi 2012 SCMR 1373 and Hazara and others v. Muhammad Yar and others 2011 SCMR 758 ref.
Barrister Talha Ilyas Sheikh for Petitioner.
Ms. Elysee Nazir for Respondent.
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