Law: Civil Procedure Code (V of 1908)

Section: O.VII,VIII,R.1,2,10,11

Civil Procedure Code (V of 1908)--- ----O.VII, Rr. 2 & 11 & O. VIII, R. 10---Money Suit---Defendant had failed to submit written statement---Effect---Defendant moved application for rejection of plaint which was rejected---Trial Court directed the defendant to submit written statement but he failed and the suit was ex-parte decreed---Validity---Trial Court had granted two opportunities to the defendant for submitting written statement in his absence---No ample opportunity was granted to the defendant to file written statement rather Trial Court pronounced the forthwith when defendant was not in attendance---Trial Court was to summon the defendant and thereafter proceeded with the matter in accordance with law---Matter was to be decision dated: merits rather than on technicalities---Impugned passed by the Trial Court was set aside with the directions to provide fair opportunity to the defendant for filing written statement and then decide the suit on merits---Appeal was allowed, accordingly. Kailash v. Nanhku and others AIR 2005 SC 2441 rel. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, J.---- This appeal is directed against the ex parte judgment and decree dated 30.04.2016, ("impugned judgment") passed by learned Civil Judge-IX, Quetta (the "trial court") whereby suit filed by the respondents for "Recovery of Damages of Rs.7,69,000/-" was decreed. 2. Brief facts of leading to file the instant appeal are that the respondent/plaintiff filed the referred suit before the trial court with the averments that the Hutt No.43-C situated at Ghazni Line Quetta cantt was rented out to the plaintiff for a period of two years with effect from 27.8.2012 to 26.8.2014. On 15.10.2013 a notice was issued by the Head Quarter Southern Command Quetta Cantonment to the appellant/defendant for vacation of accommodation and also required to clear the entire outstanding amount. The defendant had not vacated the house in question then Head Quarter Southern Command wrote a letter to the Station Head Quarter and directed to vacate the house in question from the defendant. After receiving the said letter, the Station Head Quarter issued letter to the appellant and requested that…

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