Law: Civil Procedure Code (V of 1908)

Section: O. VIII, rr. 12, 13

(a) Civil Procedure Code (V of 1908) O. VIII, rr. 12 & 13---Defence, striking off-Duty of Court. The provision of striking off defence requires greater care on the part of a Court, as it shuts out one party to defend itself and points out defects in the case of the other party, leaving the Court virtually at the mercy of the latter to do justice between the two parties. Sharnroz Khan and another v. Muhammad Again and others P L D 1978 S C 89 and Mst. Nazir Begum and another v. Sheikh Abdul Rashid and another P L D 1979 Lab. 546 ref. (b) Civil Procedure Code (V of 1908) O. VIII, r. IO-Judgment-Party failing to file written state ment-Judgment may be pronounced against such party-Judgment does not mean decreeing suit ipsi dixit without any proof whatsoever.-[Judgment]. Date of hearing : 21st November, 1979.                                                                                                              JUDGMENT ABDUL SHAKURUL SALAM, J.-Habib Bank Limited, plaintiff respondent, filed a suit for recovery of a sum of Rs. 1,02,426.97 with interest against (1) M/s. Nisar Ahmad through its Partners, (2) Mr. Nisar Ahmad, (3) Haji Ghulzar Muhammad and (4) Mr. Riaz Ahmad on 18th November, 1975. On behalf of Nisar Ahmad and Riaz Ahmad, defendants No. 2 and 4, Syed Sajjad, Advocate, filed a memorandum of appearance on 5th June, 1974 and a regular power of attorney in his favour on 3rd July, 1974. On 9th October, 1974, the plaintiff Bank filed an application saying that the defendants having not filed memorandum of address for their service, the defence should be struck off in accordance with the provisions of Order Vill, rules 12 and 1.3 of C. P. C. On 9th April, 1975, a reply was filed on behalf of Nisar Ahmad and Riaz Ahmad and also was filed the memorandum of address in Court, vide endorsement of the same date. The learned trial Court took up the application of the respondent Bank on…