Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.VIII, Rr. 9 & 10---Non-filing of written statement---Effect---Defendant failed to file written statement despite many dates were given to him by Court to file written statement---Some dates were fixed by Court in routine whereas, others were given to defendant on his own request---On last date of hearing defendant failed to appear and file written statement despite case was kept in waiting---Defendant having failed to, comply with order of Court according to which he was directed to file written statement, Court was justified to struck off defence of defendant for such non-compliance even without recording evidence as facts of case were almost admitted. Abdul Rahman v. Ghulam Nabi 1987 SCMR 1656; Fazal Ellahi and 5 others v. Alam Din PLD 1979 SC (AJ&K) 109; Ghulam Nabi v. Messrs Lufthansa German Airlines, Lahore 1982 CLC 387; Sh. Abdul Malik v. Sh. Mehboobur Rehman 1988 CLC 56 and Mst. Hakumat Bibi v. Imam Din and others PLD 1987 SC 22 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Exercise of---Revision was admitted by High Court for regular hearing with stay order in favour of petitioner subject to furnish security for decretal amount, but petitioner had failed to furnish required security in terms of order passed by Court---Non-deposit of security in compliance with term of stay order, would disentitle petitioner to exercise revisional jurisdiction of High Court which otherwise was of discretionary nature Shaukat Hussain Syed for Petitioner. Syed Fayyaz Ahmad Ch. for Respondent. Date of hearing: 24th November, 1992. JUDGMENT Briefly stated the facts of the case out of which this civil revision has arisen are that the respondent filed a suit for recovery of damages for Rs.25,000 against the petitioner on the basis of allegation that they were involved in a false criminal case by the petitioner under section 506/427/148/149, P.P.C. wherein they were acquitted on 30-10-1988 under the provisions of section 249-A Cr.P.C. by the learned Ilaqa Magistrate, Gujrat and, therefore, on account of malicious prosecution the plaintiffs claimed that they are entitled to the payment of…

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