Law:

Section:

Civil Procedure Code (V of 1908)--------- ----------O. VIII, R. 10---------Non-filing of written statement---------Striking off right of defence---------Scope---------Written statement was not filed and suit was decreed while striking off right of defence of defendants---------Validity---------Where any party from whom a written statement was required had failed to present the same within the time fixed by the court, court might pronounce against him or make such order with regard to suit as it was fit---------In the present case, routine order was passed but no speaking order requiring the defendants to file their written statement was passed by the Trial Court---------Provisions of O.VIII, R.10, C.P.C. being penal in nature, court had to take into consideration the facts and circumstances of each case---------Trial Court without satisfying itself about genuineness of the claim of plaintiffs had exercised discretion which was against the principles of natural justice---------Trial Court was to require the plaintiffs to satisfy about their claim which element was missing in the present case---------Impugned order was set aside and case was remanded to the Trial Court with the direction to ask for written statement from the defendants and to proceed with the case in accordance with law. THIS JUDGMENT DELIVERED BY: SYED AFSAR SHAH, JUSTICE:--------- Through the instant Regular First Appeal, the appellants have impugned the order dated 23.11.2005 rendered by learned Civil Judge-VI, Peshawar, whereby striking off right of defence of the petitioners/defendants, suit for the recovery of Rs.35,00,000/- was decreed against the respondents/plaintiffs under Order VIII, Rule 10 of the Code of Civil Procedure. 2. The facts leading to the filing of the present appeal as deciphered from the record are that on 3.9.2004 Syed Sher Shah and five others, the respondents/plaintiffs filed a suit against the appellants/ defendants for the recovery of Rs.35-lacs. They have based their claim mainly on the ground that the petitioners/defendants have backed out from the compromise arrived at between the parties when put on notice by the learned lower court, defendants Nos.1 and 2 moved…

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