Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: 12,13,21

(a) Constitution of Pakistan (1973)--   ---Art. 185(3)--Civil Procedure Code (V of 1908), S. 115 O. XI, Rr.12, 13 21--Leave to appeal granted to consider contention that case was predominently a fit case for exercise of suo motu revisional jurisdiction by High Court and that the Trial Court who passed the order impugned before High Court should have granted to appellants-plaintiffs opportunity to rectify the mistake instead of dismissing the suit for non-prosecution.   (b) Civil Procedure Code (V of 1908)--   ---O. XI, R. 21--Affidavit of documents--Provision of O. XI, R. 21, C.P.C. being penal in nature was to be strictly construed--Court, thinking that affidavit was not strictly in accordance with form prescribed in statute and party objecting would be prejudiced, should at most have directed plaintiffs to file affidavit strictly in accordance with prescribed form--Proceeding straightaway to non-suit plaintiffs just for defective form of affidavit without giving them opportunity to rectify formal defect, held, was wholly unjustified.   (c) Civil Procedure Code (V of 1908)--   ---O. XI, Rr. 12 21--Affidavit of documents--Provisions of O. XI, R.21, C.P.C. can be invoked and penalty imposed on a party only if such party fails to file an affidavit in spite of an order passed by Court to that effect--No order shown to have been passed by Court directing plaintiffs to file affidavit of documents--Mere making of application for discovery of documents ipso facto does not amount to an order for such discovery to be made by affidavit--Application for dismissal of suit under O. XI, R.21, C.P.C. was wholly incompetent and order dismissing suit on such application, held, would be patently without jurisdiction.   (d) Civil Procedure Code (V of 1908)-   ---Ss. 100 115 and O. XI, R. 21--Revision--Competence of--Suit of appellant-plaintiff dismissed by Trial Court on ground that affidavit of documents filed by plaintiff was not strictly in accordance with the prescribed form--Revision petition of appellant against Trial Courts order dismissed by High Court for having been filed without availing remedy of appeal--Court although had declined…

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