The question addressed in this case is regarding the undue adjournments for producing the evidence in the light of Order XVII Rule 3 of the Code of Civil Procedure, 1908.

The above provision of law clearly reflects that when specific date of hearing is fixed or time is granted to any party of the suit, to produce evidence or to cause attendance of the witnesses or to perform other act(s) necessary for the progress of the suit, it becomes obligation of the party concerned to take efficient measures towards the same and when this step is to produce evidence or cause the attendance of the witnesses, hardly any choice is left with the litigants but to comply with the orders. The avoidance of order to produce evidence or to cause attendance of witnesses, the Court is required to proceed further and in appropriate circumstances / cases, the Court is fully empowered to settle the issue and decide the case.

Civil Revision-Civil Revision (against Decree)-Declaration
554-20
ATTA ELLAHI VS ALLAH BACHAYA ETC.
2024 CLC 29