| Citation(s) |
|---|
| 1991 SLG 1855 1991 SLD 1855 = 1991 PLD 331 |
High Court Appeal No 26 of 1990 decided on 20th March 1991.
Mamoon Kazi and Salahuddin Mirza, JJ
MUHAMMAD CHOTTEY KHAN--Appellant
VERSUS
MUHAMMAD MUNIR KHAN and 2 others--Respondent
Law:
Section:
MAMOON KAZI, J--- This High Court Appeal under section 3 of the Law Reforms Ordinance, 1972 is directed against the order passed by the learned Single Judge of this Court in Chambers, dated 11-1-1990.
. The facts of the case briefly stated are that the respondent No.l in this case filed an application under Order 11, rule 12, C.P.C. seeking directions from the Court to direct the appellant to make discovery on oath of all the documents which were or had been in posession and power of the appellant relating to the matter in question, The Additional Registrar passed an order. dated 14-10-1987 calling upon the appellant to file affidavit or documents within three weeks. On 21-12-1987 the appellant made an application for extension of time by four weeks to enable him to file requisite affidavit which was granted by the Additional Registrar. However, no such affidavit was filed. Respondent No.l then made an application under Order 11, rule 21, C.P.C. requesting for dismissal of the appellant's suit as he had failed to comply with the orders of the Additional Registrar. On 17-1-1988 Mr.Rao M.Shakir Naqshbandi the appellant's counsel undertook to file documents within three days and. in view of such undertaking the application of the respondent was dismissed as not pressed. Thereafter the case came up for hearing on 23-3-1988 for further. orders as it was pointed out that no affidavit of documents had been filed by the appellant. Consequently, the following order was passed by the learned Single Judge who then heard the case.