Law: Civil Procedure Code (V of 1908)

Section: 1,10

Civil Procedure Code (V of 1908)--- ----O.VIII, Rr.1 10---Written statement---Procedure when party fails to present written statement called for by Court---Scope---Period of filing written statement shall not ordinarily exceed thirty days, however, under O.VIII, R.10, if the written statement is not filed within the time fixed by Court, the Court may pronounce against the party, or pass an appropriate order in relation to the suit as it thinks fit. Riaz-ul-Haq and others v. Muhammad Asghar and others 2017 SCMR 1841 and Moon Enterpriser CNG Station, Rawalpindi v. Sui Northern Gas Pipelines Limited, through General Manager, Rawalpindi and another 2020 SCMR 300 rel. JUDGMENT SARDAR MUHAMMAD EJAZ KHAN, J.----The captioned appeal has been directed against the impugned order dated 15.01.2020 passed by the learned Additional District Judge, Pattika/Naseerabad, District Muzaffarabad whereby the right of defence pertaining to filing written statement was closed. 2. Synthesized facts forming the background of the instant appeal are that plaintiff-respondent No. 1, herein, filed a suit for recovery of amount of Rs.2, 50, 00, 000 / - as damages from defendants-appellant and proforma-respondents, herein, before the learned Additional District Judge, Pattika/Naseerabad, on 14.07.2016 and thereafter, amended suit was filed with permission of the Court on 25.07.2017. It has been stated that the defendant-appellant filed an application under Order VII, Rule 11 of Civil Procedure Code for rejection of plaint upon which plaintiff-respondent No.1 filed objections. The learned Court below vide its order dated 20.04.2019 rejected the application filed by the defendant-appellant against which a revision petition was filed before this Court, which too after hearing was dismissed vide order dated 07.12.2019 while the said order was not conveyed and communicated to him and the same was presented by plaintiff-respondent No.1 on 15.01.2020 before the trial Court. It has further been stated that the learned Court below without considering the matter ordered to submit the written statement on the same day i.e. 15.01.2020 for which the learned counsel for the appellant requested to provide…

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