Law: Specific Relief Act, 1877

Section: 9,42

Law: Civil Procedure Code (V of 1908)

Section: 10

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 9 ,  42--Civil Procedure Code, (V of 1908), O.VIII, R. 10--Failure to file written statement--Suit for declaration possession and mense profit was decreed--Penal consequences--Challenge to--Court(s) should always be-cautious while recording against him on failure of defendant because failure in filing written statement alone shall never allow a ‘ ’ which, normally, has binding effects upon all concerned--When provision itself allows only one penal consequence then trial Court was not legally justified to decree suit when it first had passed an order of ‘striking off defence’--Defendant was earlier warned in categorical terms that failure in filing written statement on next-date shall bring penal consequences--Judgments recorded by both Courts below are against law hence set aside being void--Appeal allowed. ORDER Heard learned counsel for respective pasties. 2. Precisely relevant facts are that defendant filed suit for declaration, possession and mesne profit; summons were issued; defendant appeared but he failed to file written statement within time. Accordingly leaned trial judge while exercising powers under order VIII Rule 10, CPC, decreed the suit. 3. Learned counsel for respondent has relied upon 1981 SCMR 590 which says that order VIII Rule 10, CPC is not a decree and second appeal is not competent, only revision is to be filed. 4. As regard plea of revision petition and not of second appeal, it would suffice to refer the case of Muhammad Yusuf v. Kharian Bibi 1995 SCMR 784 wherein it is held as: “The learned counsel half-heartedly raised objection to the conversion of the second appeal to revision petition. Suffice it to observe that the High Court is competent to convert the appeal into revision petition even on a verbal prayer made by the party concerned.” 5. I would further add that the learned counsel for the respondent has not claimed any point of limitation involved as for second appeal and ‘revision’ the period of limitation is prescribed differently. On this count, too, such plea is of no help for the respondent. The reference is made to the case of Abdul Khaliq v. Rehmat Ali 2012 SCMR 508…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492