Law:

Section:

(a) Maxim- --- "Secundum allegata at probata "-- Meaning---No party is allowed to lead evidence in respect of a plea not taken in the pleadings---Party has first to plead and then to prove that plea. (b) Civil Procedure Code (V of 1908)-- ----O. VIII, R.5---Specific denial-- Applicability---Defendant was required to specifically deny the contents of the plaint-- Where defendant failed to make such denial Court was justified in assuming that such contents of the plaint were admitted. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Limitation Act (IX of 1908), S.5---Revision petition ---Condonation of delay---Delay caused due to wrong forum-- Plea raised by petitioner was that value of the suit fur purpose of court fee was not mentioned in the plaint and due to that fact earlier revision petition was filed before the Lower Appellate Court, hence the revision in question was delayed---Validity---Right on the face of the plaint, the amount to be recovered was mentioned---Case was such that the plaint was to bear the fixed amount of court fee and there was no need to mention the value of the suit for the purpose of court-fee ---Such being a case of extreme negligence there was no ground for condonation of delay---Revision was dismissed in limine. Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 102; Raja Karamatullah v: Sardar Muhammad Aslam Sukhera 1999 SCMR 1892 rel. ORDER Respondents Nos. l to 3 filed a suit for recovery of Rs. 10,80,000 against the petitioner and respondent No.4. In para. 3 of the plaint, it was stated in detail that a vehicle owned by the petitioner and being driven by respondent No.4 met with an accident attributable to the rash and negligent act of respondent No.4, as a result of which accident Nisar Ahmad, the predecessor-in- interest of the said respondents, died. The petitioner filed a written statement incidentally through the same learned counsel, who has argued the present civil revision. In reply to the said para. 3, answer of the petitioner was that he is ignorant of the facts mentioned therein. After filing the said written statement, the petitioner absented himself while the proceedings in the suit continued. Evidence of the…