Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.13,O.VIII,R.10,O.XLVII,O.XL,R.1,S .151,114,141

Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.13,O.VIII,R.10,O.XLVII,O.XL,R.1,S .151,114,141

(a) Civil Procedure Code (V of 1908)--- ---Ss. 114, 151, O. VIII, R. 10, O. IX, R. 13 & O. XLVII, R. 1---Striking off defence of defendant for non filing of written statement despite availing numerous opportunities---Dismissal of review petition for non-prosecution filed by defendant against striking off his defence---Order of ex parte proceedings against defendant for non­appearance---Application under O. IX, R. 13 read with S. 151, C.P.C., for setting aside order of ex parte proceedings accepted by Trial Court on payment of cost while permitting defendant to file written statement---Validity--Conduct of defendant throughout proceedings of case had been contumacious and negligent---Order of striking off defence for not being challenged in appeal had attained finality---Review, though dismissed for non prosecution, was not competent against order of striking off defence for not falling within purview of S. 114 read with O. XLVII, R. 1, C.P.C.---Permission to file written statement in wake of provision of S. 151 C.P.C., was illegal exercise of powers, thus, was without jurisdiction and coram non judice---Powers under S. 151, C.P.C. could not be exercised in case of availability of other adequate remedies or applicability of express provision of law---Trial Court had no power to sit on its own order of striking off defence as an Appellate Court and pass impugned order---Defendant in his application had not prayed for relief of filing written statement---Impugned order was suffering from illegality, irregularity and jurisdictional defect---High Court set aside impugned order in circumstances. Muhammad Farid v. Mst. Shahnaz Begum and 5 others PLD 1987 AJK 44; M/s. Conforce Limited v. Syed Ali Shah and others PLD 1997 SC 599; Mrs. Mehar Sultan Jung v. Qurban Hussain 1972 SCMR 73 and Mardan Shah v. Sittara and others PLD 1954 Lah. 87 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 151-Power under S. 151, C.P.C., exercise of---Scope---Such power was not exercisable in case of availability of other adequate remedies or applicability of any express provision of law---Principles. Trial Court under section 151, C.P.C., enjoying no power to exercise, when other…

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