Law: Civil Procedure Code (V of 1908)

Section: 26A

(a) Civil Procedure Code (V of 1908)--- ----S.26A [as inserted by Code of Civil Procedure (Amendment) Act, 2020] O.VIII, R.10---Suit for recovery---Defendant challenged the impugned order of Civil Court closing his right to file written statement---Validity---Petitioner/defendant filed wakalatnama on 06/02/2020---After nine adjournments, right to file written statement of the petitioner was closed vide impugned order dated 06/02/2021---Petitioners counsel cross-examined plaintiff/witness on 19/07/2021---Constitutional petition had been filed with the delay of more than 8 months after passing of the impugned order and after about 3 months of the said cross-examination---Petitioner had failed to point out as to how the impugned/ interim order was the consequence of an error of law or without/in excess of jurisdiction---Constitutional petition was dismissed accordingly. Riaz ul Haq and others v. Muhammad Asghar and others 2017 SCMR 1841; National Logistic Cell (N.L.C) v. Hazrat Ali and others 2010 SCMR 1970; District Coordination Officer, Sukkur and 8 others v. Khan Muhammad through General Attorney and 3 others 2013 MLD 1369 and Mst. Bibi Sundas and others v. Mst. BibiShahida and others 2020 CLC 1475 rel. (b) Civil Procedure Code (V of 1908)--- ----S.26A [as inserted by Code of Civil Procedure (Amendment) Act, 2020] O.VIII, R.10---Right to written statement---Scope---Trend of granting Akhri Mouqa then Qatai Akhri Mouqa and then Qatai Qatai Akhri Mouqa had made a mockery of the provisions of law and those responsible to interpret and implement same---High Court observed that such practices must be discontinued, forthwith. Moon Enterpriser CNG Station, Rawalpindi v. Suit Northern Gas Pipelines Limited, through General Manager, Rawalpindi and another 2020 SCMR 300 and Rana Tanveer Khan v. Naseer Ud Din and other 2015 SCMR 1401 rel. (c) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Certiorari, writ of---Scope---Certiorari was only available to quash a decision for an error of law---Said writ would also be issued for correcting errors of jurisdiction when an inferior Court/tribunal acted without/in excess of its jurisdiction; failed to…

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