Law: Civil Procedure Code (V of 1908)

Section: O. X, r. 4

(a) Civil Procedure Code (V of 1908)   O. X, r. 4 read with S. 99-Material points, formulation of-Failure of Court to mention material questions on which statement of a party is to be recorded and to ask his counsel if he is in a position to make a statement thereon-Held, amounts to an irregularity and not an illegality and judgment pronounced cannot prejudice defendant's case on such account.-[Judgment]. LINK1 LINK2 LINK3   Sadeshwar Narain v. Qadir Bakhsh and others A I R 1918 Oudh 429; Manzoor Ahmad Khan v. Muhammad Bashir P L D 1978 Lab. 1025 and Sodhi Sadhu Singh & Sons and others v. Lal Chand Tulsi Ram and another A I R 1933 Lab. 922 ref.   (b) Civil Procedure Code (V of 1908)   O. X, r. 4 read with S. 99-Practice and procedure-Appearance of parties in person-Courts of original jurisdiction, before striking issues require parties to appear in person to record their statements and orders passed in this behalf do not specify precise points on which party required to be examined-Such orders, also made without enquiring from counsel if they would be able to make desired state ments.-[Practice and procedure].     Date of hearing : 24th May, 1980.                                                                                                                            JUDGMENT   This civil revision is directed against the judgment and decree, dated the 6th December, 1979, passed by the District Judge, Sheikhupura, whereby he bad partly accepted an appeal preferred by the petitioners, Manzoor & Co. and others, against the judgment and decree, dated 22nd April, 1979, of a Civil Judge of Sheikhupura, by which a suit brought by the respondent, National Bank of Pakistan, against the petitioners for recovery of Rs. 23,040.99 with interest, had been decreed.   2. The suit instituted by the respondent was resisted…