Law: Civil Procedure Code (V of 1908)

Section: O.IXR.7,O.VIIIR.10

Civil Procedure Code, 1908 (V of 1908)-- ----O.IX R. 7 & O.VIII R. 10--Suit for recovery of damages--Ex-parte proceedings--Application for setting aside ex-parte proceedings--Accepted--Right for filing of written statement--Closed--No opportunity of hearing--Challenge to--Trial Court allowed application for setting aside ex-parte proceedings but did not provide sufficient opportunity to appellant to file written statement--When application was allowed, then a fair opportunity should have been granted to appellant to file written statement, which has been denied by trial Court--As such order denying to receive tendered written statement is unjustifiable and not sustainable in eyes of law--Order passed by ASJ, Lahore to extent of non-receipt of written statement is hereby set aside--Trial Court is directed to place on record written statement and decide main lis between parties after framing issues and recording evidence of parties on merits expeditiously--Appeal was accepted. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IQBAL, JUSTICE---.---- Through this appeal, the appellant has challenged the validity of order dated 29.10.2016 whereby the learned Addl. District Judge, Lahore closed the right of the appellant to file written statement under Order VIII Rule 10 C.P.C. 2. Brief facts of the case are that the respondent/plaintiff has filed suit for recovery of damages caused by defamation against the appellant/defendant on 22.09.2011. The appellant appeared before the learned trial Court on 15.06.2012 and the case was adjourned for filing of written statement. On 17.01.2014, ex-parte proceedings were initiated against the appellant and ex-parte issues were framed on 26.03.2014 as well as examination-in-chief of two witnesses was recorded. Then on 12.02.2015, appellant filed an application for setting aside the ex-parte proceedings/order dated 17.01.2014, which was accepted vide order dated 11.03.2016 and again on 05.04.2016, ex-parte (sic). 5. Heard. Record perused. 6. From the perusal of orders sheet of the learned trial Court; it reveal that on 28.07.2016, ex-parte proceedings were initiated against the appellant and the case was adjourned for 02.09.2016 for…

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