Law:

Section:

(a) Civil Procedure Code (V of 1908)- ------ S. 115 read with S. 80, proviso-Institution of suit against Government without notice-Summons issued by trial Court requiring Government to file reply within less than three months-Court, held, should have allowed not less than three months to file written statement and ex parte proceedings against Government illegal. Ch. Muhammad Ajmal etc. v. Government of West Pakistan P L D 1973 Note 88 at p. 130 ref. (h) Civil Procedure Code (V of 1908)-- _.-- S. 115 read with O. VIII, r. 10---Trial Court after striking off defence failing to apply its mind to merits of case and proceeding to pronounce against petitioners without there being any evidence or material on record-Copies of documents attached to plaint neither attested to be true nor original ones-Such matter completely ignored by trial Court as well as lower appellate Court­ Trial Court, held, not justified in decreeing suit straightway in circumstances-Order of trial Court set aside with direction to proceed with suit in accordance with law. Municipal Committee, Bahawalpur v. Sh. Aziz Elahi P L D 1970 S C 506; Manager, Jammu & Kashmir State Property v. Fida Yar and another P L D 1975 S C 678 and Mst. Bilqees Begum v. Syed Ali Turab and another 1980 C L C 930 ref. , JUDGMENT The facts necessary , for adjudication of this controversy are that respondent filed a declaratory suit against Government of the Punjab and District Allotment Committee, Satellite Town Scheme, Gujranwala, seeking declaration that he is legally entitled to the allotment of the quarter in dispute. Permanent injunction was sought by way of consequential relief restraining the defendants to deny the rights, interests and claim of the plaintiff in respect of the said quarter or to treat the . application dated 29-11-1967 of the respondent as rejected. It may be mentioned at this stage that nonce under section 80, C. P. C. was not sent to the defendants ­petitioners before filing the suit. After registering the suit the learned Trial Court on 3-1-1974 directed issuance of summons to the petitioners for 25-3-1974. The summons issued, however, required the petitioners to appear and file reply on…

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