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Dismissal of Suit under Order 17 Rule 3 of CPC is Revisionable

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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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