Law:

Section:

(a) Civil Procedure Code (V of 1908), O. XVII, r. 3-Special leave to appeal-Granted to consider whether trial Court's order under O. XVII, r. 3 was illegal because it did not proceed to decide suit "forthwith". (b) Civil Procedure Code (V of 1908), O. XVII, r. 3-Applica­tion-Rule does not apply unless default committed by a party in doing act for which time was granted. This rule applies to a case where time has been granted to a party at his instance, to produce evidence, or .to cause the attendance of witnesses or to perform any other act necessary for the progress of the suit and will not apply unless default has been committed by such patty in doing the act for which the time was granted. (c) Civil Procedure Code (V of 1908), O. XVII, r. 3-Word "forthwith"-Does not mean on same day but within a reasonable time. The word "forthwith" does not mean on the same day. The reasonable meaning of this word in the context of Order XVII, rule 3, C. P. C., is that the Court should proceed to decide the suit within a reasonable time under the circum­stances of the case. [p. 438]C Bahadar Shah and others v. Sharaf Major and others P L D 1967 Lah. 154 ; Induytrial Sales and Services, Karachi and another v. Archifar Opel Laboratories Ltd., Karachi P L D 1969 Kar. 418 ; 41st. Jaggo v Kanhaiya Lal A I R 1957 All. 344 ; Kartar Devi v. Surasti and another (1908) 9 P R 68 r Sher Ali v. Mangu and others A I R 1919 Lah. 344 ; Osborn's Dictionary ; Webster's Dictionary; Black's Law Dictionary and Wharton Law Lexicon, p. 131 ref. Sh. Aftab Hussain, Senior Advocate Supreme Court instructed by Rao Muhammad Yusuf Khan, Advocate-on-Record for Appellant. Ch. Muhammad Iqbal, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Respondent No. 1. Respondents Nos, 2 and 3 : Ex parte. Dates of hearing : 30th and 31st March 1971. JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of tire High Court of West Pakistan, Lahore, in Civil Revision No. 438 of 1970, dated the 28th May 1970. By this order, a learned Single Judge of the High Court dismissed the revision petition filed by the appellant in limine. It has arisen in the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492