Law: Civil Procedure Code (V of 1908)

Section: O. VIII, Rr. 1,9,10

Law: Limitation Act, 1877

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1908)--- ,----O. VIII, Rr. 1 & 9---Written statement---Types of---Three types of written statements can be filed by a defendant viz. as of right without any formal permission of the Court (O. VIII, R.1); when it is so required by the Court to file a written statement (O. VIII, Rr. l & 9 .and when under some circumstances it is filed by the leave of the Court (O. VIII, R.9).Sardar Sakhawatuddin and 3 others v. Muhammad lqbal and 4 others 1987 SCMR 1365 ref.(b) Civil Procedure Code ('V of 1908)-------O. VIII, Rr. 1, 9 & l0---Written statement, non-filing of---Penal consequences---Applicability---Penal consequences of pronouncement of against a defendant would follow when he fails to file written statement when so required by the Court---Such provisions of O.VIII, C:P.C. being penal in nature would have to be strictly construed/applied--�Whenever reasonable doubt would arise regarding its interpretation or implementation, the same would have to be resolved in favour of the victim of their application---Requirements of O.VIII, R.10, C.P.C. would have to be established like those of O.XVII, R.3. C.P.C. which are similarly penal in nature.Saraar Sakhawatuddm and 3 others v. Muhammad Iqbal and 4 others 1987 SCMR 1365 ref.(c) Civil Procedure Code (V of 1908)-------O. VIII, Rr. 1, 9 & 10---Expression "no further opportunity would be granted by it to file written statement" as used by Court in its order--�Effect---Such expression used by the Court was sufficient to disclose its intention that the Court had required the defendant to file written statement.Azad Hussain v. Haji Muhammad Hussain PLD 1994 SC 874 ref.(d) Civil Procedure Code (V of 1908)-------O. VIII, Rr. 1, 9 & 10---Expression 'last opportunity to file written statement' or 'no further opportunity would be granted', non-using of such expression by the Trial Court---Effect---Where no such expression was used by the Trial Court, the rules laid down in Hakumat Bibi and Azad Hussain cases reported as PLD 1987 SC 22 and PLD 1994 SC 874, respectively were not attracted in circumstances.Mst. Hakumat Bibi v. Imam Din and others PLD 1987 SC 22 and Azad Hussain v.…