Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 2 & O. XII, R. 6---Money suit---Award of contract by government---Payments/financial involvements with contractors--- Procedure--- Written statement submitted by the Government---Essentials---High Court observed that written statement so submitted must be examined by the law officer before placing in the Court; that fair and honest contest from the defendant be made and that claim of plaintiff might be true but the it was to be seen that there was no collusion between the plaintiff and defendant---Plaintiff, in the present case had desired to involve the Court before making the payment by the Government---Scope---High Court further observed that Courts were involved in routine financial matters of the departments when they needed to do something out of box---Such conduct of government functionaries could be described as the worst form of abuse/mis-use of process and authority of the Court---Court had to pass an order according to law on the basis of record placed before it---Guidance could be provided by Court to the Auditors that any payment made by any of the government functionaries under a decree or order of Court should not be treated as unquestionable by them---Payment made by government functionaries during course of their routine financial matters was subject to lawful scrutiny by the Auditor though the payments were made under the cover of s and decrees or order of the Court---Civil Court on passing a decree on admission whether genuine or not could not conduct audit of accounts to ascertain the correctness of claim and its acceptance by the defendants---High Court further observed that Chief Secretary of the Province and Auditor should see if there was any mischief on the part of official defendants and take care of it accordingly. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:---.--- With great respect I am unable to appreciate the way the plaintiff has got order dated 22.5.2017 on an urgent application bearing C.M.A. No. 8306/2017 whereby the suit was placed in Court and subsequent orders dated 31.5.2017, 15.6.2017 and 23.6.2017 in the name of "further orders" on the said application for urgent…

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