Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.VIII, Rr. 1 & 10---Constitution of Pakistan, Art. 199---Constitutional petition---Written statement, non-filing of---Striking of defence---Concurrent findings of facts by two courts below---Despite repeated opportunities provided by Trial Court, defendant failed to file written statement under O.VIII, Rule 1, C.P.C.---Trial Court struck off right of defendant to file written statement and the order was maintained by Lower Appellate Court---Validity---Both the Courts passed concurrent findings against defendant---High Court declined to interfere with findings of facts arrived at by primary courts when it was satisfied that findings of both the courts below were reasonable and were not arrived at by disregarding any of the provisions of law or any accepted principle concerning appreciation of evidence---Defendant could not point out that findings of fact recorded by two courts below were against law or were patently improper or perverse that to accept it could amount to perpetuating a grave miscarriage of justice---Constitutional jurisdiction was ordinarily discretionary in character---High Court maintained orders of courts below, as defendant could not point out any infirmity or illegality in the same---Constitutional petition was dismissed in circumstances. Muhammad Salim v. Abdul Shakoor 1994 CLC 1911; Abdur Rasheed v. Rafeeq Muhammad 2016 CLC 21; Raja Rehmat Khan v. Muhammad Aamir Tastee and 2 others 2015 YLR 2220; Muhammad Tabish Naeem Khan v. Additional District Judge, Lahore and others 2014 SCMR 1365 and Riaz ul Haq and others v. Muhammad Asghar and others 2017 SCMR 1841 rel. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE:---.--- C.Ms. Nos. 3 and 4 of 2017 Through the instant application, the applicant seeks restoration of the main case which was dismissed for non-prosecution on 04.08.2017. 2. For the reasons mentioned in the C.M. which is supported by an affidavit of the Applicant/Petitioner, the same is allowed and main case is restored to its original number. 3. Along with the C.M. for restoration, the Applicant/Petitioner has also filed C.M. No. 4/2017 for condonation of delay in filing the C.M. for…

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