Law: Civil Procedure Code (V of 1908)

Section: 10

  Civil Procedure Code (V of 1908)-- ----0. VIII, R.10---Striking off of defence---Defendant failed to file written statement when the same was called for by the Trial Court---Defence of defendant was struck off---Contention of plaintiff was that Trial Court had no other option except to decree the suit without recording any evidence--Validity---Held, it was not mandatory for the Court to pronounce judgment, where the other party had failed to submit written statement within time fixed by Court, and that was why the word "may pronounce" had been used in O. VIII, R.10, C. P. C. ---Court might make such order in relation to suit as thought fit in circumstances---Contention of the petitioner being totally misconceived, was rejected accordingly. Nisar Ahmad and. others v. Habib Bank Ltd. 1980 CLC 981; Haji Muhammad Moosa and another v. Provincial Government of Balochistan 1986 CLC 2951; Bilqis Begum v. Syed Ali Turab and others 1980 CLC 930; Malik Muhammad Saeed v. Mian Muhammad Sadiq 1985 MLD 1440 and Indian Cases XII Volume No.215 rel. Civil Procedure Code (V of 1908)-- ----0. VIII, R.10---Revision---Defendant had failed to file written statement within time fixed by the Trial Court---Plaintiff had filed suit for recovery of a sum of Rs.3 crores on account of cost of land and damages and, as such, wanted the land acquired by defendants to be denotified---Trial Court had called for evidence of plaintiff---Validity---Decree could not be granted simply relying on averments made in the plaint as the same had to be substantiated by tangible evidence---Trial Court had rightly directed plaintiff to produce evidence to substantiate his claim.   Mst. Hakumat Bibi v. Imam Din and others PLD 1987 SC 22 distinguished. Sh. Muhammad Sharif v. Haji Ghulam Jalani PLD 1961 Lah. 609; Sh. Abdus Saboor & Brothers v. Ganesh Flour Mills Co. Ltd., Lyallpur PLD 1967 Lah. 779 and Sardar Sakhawatuddin and 3 others v. Muhammad Iqbal and 4 others 1987 SCMR 1365 ref. Ch. Imdad Ali Khan for Petitioner. Ch. Akhtar Masood Ahmad for Respondent No. l . Syed Mohtisham-ul-Haq Pirzada for Respondent No.2. Date of hearing: 17th November, 1998. JUDGMENT .. This revision…