Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VIII, Rr. 1 & 10---Sindh Chief Court Rules (Original Side), R.158---Constitution of Pakistan, Art. 10-A---Interpretation of O.VIII, C.P.C.---Written statement, non-filing of---Effect---Applicant/defendant impugned order of Additional Registrar High Court, whereby he was debarred from filing of written statement in a suit in which he was a defendant---Contention of the defendant was that he had gone to a remote area where he was held up, fell ill and due to the security situation in said area, could not come back in time to file the written statement---Validity----Word "required" used in O. VIII, R. 1, C.P.C. did not include any routine order passed without application of mind and prior to making a written statement subject to penal provisions of O. VIII, R. 10, C.P.C. there should be proof on record that the court had required filing of a written statement by application of mind, through a "speaking order"---In the present case, the defendant was not "required' by the court to file a written statement by a "speaking order" and thus penal consequences of O.VIII, R. 10, C.P.C. were not attracted---Word "ordinarily" used in O.VIII, R. 10 conveyed that the period of "30 days" could not be adhered to in all situations and vested a discretion in the court to extend the said period whenever it advanced the "cause of justice"---Word "ordinarily" used in O. VIII, R. 1, therefore, rendered the said provision as directory and not mandatory---Under Art. 10-A of the Constitution fair trial and due process had become fundamental rights covering both substantive and procedural due process---High Court set aside impugned order of Additional Registrar of the court and allowed the defendant to file written statement within two weeks time, subject to payment of costs---Application was allowed, accordingly. Shabir Ahmed v. Kiran Khursheed and others 2012 CLC 1236; New Jubilee Insurance Company Limited, Karachi v. National Bank of Pakistan, Karachi PLD 1999 SC 1126 and Babar Hussain Shah and another v. Mujeeb Ahmed Khan and another 2012 SCMR 1235 rel. (b) Civil Procedure Code (V of 1908)--- ----O VIII, R. 1---Non-filing of written…

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