Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VIII, R. 10---Failure of defendants to file written statement---Right to file written statement closed by the Trial Court---Propriety---Order VIII, R. 10, C.P.C. prescribed a timeframe for filing a written statement which could not ordinarily exceed 30 days---Perusal of the record of the case indicated that the defendants were granted at least four opportunities spread over a period of about five months to file the written statement---Despite the time given and indulgence shown by the Trial Court, the defendants failed to file their written statement without any lawful justification---Where law prescribed a time for doing a certain act, the same should ordinarily be adhered to unless cogent reasons and lawful justification was presented before the court justifying an extension of such time---No such justification was pleaded before the trial, appellate or revisional Court by the defendants---Even before the Supreme Court, other than submitting that one more opportunity may be granted against payment of costs, the counsel for defendants did not furnish any reason or justification for the defendants' failure to file their written statement despite repeated adjournments granted by the Trial Court---Trial Court, in circumstances, was quite justified and within its powers to take action against the defendants under O. VIII, R. 10, C.P.C. by closing their right to file written statement---Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: IJAZ UL AHSAN, JUSTICE:---.--- Petitioners seek leave to appeal against an order dated 15.03.2013, passed by Lahore High Court, Multan Bench, Multan. Through the impugned order, a Civil Revision (C.R.No.1459 of 2011) filed by the petitioners was dismissed. 2. Briefly, the grievance of the petitioners was that their right to file a written statement in a suit for specific performance was closed by the trial Court in exercise of its powers under Order VIII, Rule 10 of C.P.C. 3. The learned counsel for the petitioners submits that the impugned order was harsh, the petitioners were not granted sufficient time to file their written statement and prays that another…

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