Sunday, 2 August 2015

Dismissal of Suit under Order 17 Rule 3 of CPC

When plaintiff fails to produce evidence in the court after given proper opportunity to be heard the suit of plaintiff is dismissed under order 17 rule 3 of Code of Civil Procedure 1908. This dismissal can be done by a court in the presence or absence of the plaintiff.

When a suit is dismissed on the non production of evidence, it cannot be restored by the court dismissing it. There is no appeal against the dismissal of same order by the court. The only remedy against such dismissal order is revision which is filed in the appellate court.

Revision is filed under section 115 of the Code of Civil Procedure. In revision to such dismissal the appellate court has powers to either dismiss the revision or accept the same. When revision petition is accepted the suit is restored and plaintiff is given opportunity to provide evidence in the court accordingly.

If you have any query related to any suit you can contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880

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If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880