Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VIII, R. 10---Written statement, filing of---Scope---Defendants (Government department) failed to submit written statement and their defense was struck off---Contention of defendants was that delay in filing the written statement was due to official procedure---Validity---Defendants appeared before the Trial Court on 07-04-2015 and Trial Court gave adjournments for filing written statement till 26-06-2015---Defendants obtained more than two months period which was ample to file written statement---Such kind of attitude was against the mandatory provision of Civil Procedure Code, 1908---Trial Court had rightly taken the impugned proceedings---Defendants were afforded another chance for filing of written statement by the Chief Court subject to prior deposit of Rs. 10,000/- as costs before the Trial Court---Chief Court observed that if the defendants again failed to deposit the costs, Trial Court should assume trial of the case in the light of impugned order---Appeal was allowed accordingly. THIS ORDER PASSED BY: MUHAMMAD ALAM, J.--- Through this appeal, appellants/defendants have questioned the correctness or propriety of the impugned order dated 25-06-2015 of the learned Civil Judge First Class Chilas Diamer that the said court passed in Civil Suit No.118/14. 2. Respondents/plaintiffs filed a suit for recovery of Rs.34,69,927/-. Per averments of the plaint, respondents prayed for recovery of the suit amount as compensation amounts of lands that came in construction of a link road, regarding which appellants have prepared award No.DK-77/ 2008 dated 10-01-2010. Soon-after filing of the suit, learned trial court registered the same as Civil Suit No.118/14 and started trial of the same. Learned trial court had to pass impugned order in the circumstances described therein. 3. We have heard learned Additional Advocate General and the learned counsel for respondents and have gone through the file. Learned trial court afforded opportunity to the appellants for filing written statement and the impugned order entailed as appellants failed to file written statement within the time afforded by the trial court. So the only question…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492