Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure Code (V of 1908)--- ----0. VIII, R.10---Failure to file written statement---Effect---Where defendant, failed to file written statement, despite number of opportunities were afforded to him in that respect, Court had two alternatives viz. to proceed to pronounce judgment against defaulting defendant or to make order in relation to suit as it thought fit--Contention that on failure of defendant to file written statement, Court was bound to decree suit of plaintiff straightaway without recording evidence, being misconceived was repelled---Punitive action against defaulting defendant should be taken by Court with great caution and Court should not solely act upon plaint, but has to look upon merits and demerits of case and material furnished by plaintiff in order to record a judgment nor the salutary principle of law that plaintiff is to succeed on the strength of his own case should be ignored. Sh. Muhammad Sharif v. Haji Ghulam Gilani PLD 1961 Lah. 609; Sh. Abdul Saboor and Brother v. Ganesh Flour Mills Co. Ltd. Lyallpur PLD 1967 Lah. 779; Sardar Sakhawat-ud-Din and 5 others v. Muhammad Iqbal and 2 others PLD 1983 Lah. 448; Muhammad Shari v. Muhammad Bashir and 17 others PLD 1982 Lah. 576; Pakistan v. Khuda Yar and another PLD 1976 SC 159 and Imtiaz Ahmad v. Ghulam Ali PLD 1963 SC 382 ref. Nemo for Appellant. Ch. Inayat Ullah for Respondent. Date of hearing: 12th November, 1989. JUDGMENT The Lahore Municipal Corporation has challenged the judgment and decree dated 23-7-1977 whereby the learned Additional District Judge set aside the judgment and decree passed by the Civil Judge, Lahore dated 30-5-1977 and decreed the suit filed by Muhammad Sarwar Nasim, herein the respondent plaintiff. The learned first Court of appeal decreed the suit under Rule 10 Order VIII of the Code of Civil Procedure. The facts in brief are that on 20-4-1976, Muhammad Sarwar Nasim filed a suit for declaration to the effect that the orders passed by the Vice-Chairman Municipal Coproration, Lahore dated 6-4-1969 and the order passed by the appellate authority were without jurisdiction, without lawful authority on the basis of colourful exercise of authority. It was claimed…