Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXVII--Certified copies of documents available on file that on same, day when impugned order was passed, petitioner had submitted an application that he wanted to file surety bonds but it appears that same was not considered in his favour--Fact remains that law appreciates decision on merits instead of technical knockout--When leave to appear and defend suit was allowed, trial Court was not supposed to pass harsh order while forfeiting right of petitioner to file written statement due to non-submission of surety bonds and for that Court had ample powers to extend said period. ORDER In a suit under Order XXXVII, C.P.C. filed by Mudassir Shafi/respondent, leave to appear and defend the suit filed by Zafar Iqbal (petitioner) was allowed subject to deposit of surety bonds. It was on 03.02.2021, the case was fixed for submission of written statement by petitioner, when that right was forfeited on the ground that petitioner had not submitted the surety bonds vide an order dated 03.02.2021 passed by learned Additional District Judge, Kabirwala District Khanewal which has been impugned through this Civil Revision. 2. No one has appeared on behalf of respondent…

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