Law:

Section:

Civil Procedure Code (V of 1908)-------O.IX, R.7 & O.IX, R.13---Defendant's failure to file written statement--­Right of defendant to file written statement was closed and suit was adjourned for ex parte hearing---Application for setting aside ex parte order was dismissed as also revision against such order---Validity---Provision of O.IX, R. 7, C.P.C. postulates that where defendant had assigned "good cause" for his previous non­appearance, Court should give him opportunity of hearing in answer to suit if he had appeared on date fixed for his appearance---Defendant, for setting aside ex parte order under O.IX, R.7, C.P.C. was required to assign only "good cause" for his non-appearance whereas for setting aside ex pane decree he had to show "sufficient cause" ---Provision of O.IX, R.7, C.P.C. would indicate that unless and until it was shown that conduct of defendant was grossly negligent, strict construction of O. IX, R.7, C. P. C. should be avoided---Factual position was that counsel for defendant appeared on the same day, subsequent to the passing of order in question with application that written statement be placed on file---High Court also did not consider provision contained in O.IX, R.7, C.P.C. and went on to observe that order of Trial Court having not been complied with, impugned order suffered from no legal infirmity---High Court's such observation was indicative of fact that real proposition involved in case was not adverted to, i.e. as to whether in circumstances of case, defendants should have been provided further opportunity to file written statement or not---Order of Trial Court closing defendant's right to file written statement and that of High Court to that effect were set aside and Trial Court was directed to give one more opportunity to defendants to file written statement and thereafter, proceed with trial of suit according to law. Superintending Engineer, Electricity, Mirpur v. Kashmir Steel Mirpur PLD 1992 Azad J&K 7; Haji Muhammad Yaqoob v. Auqaf Department 1997 MLD 2348; Ghulam Muhammad v. Mst. Irshad Begum PLD 1964 Lah. 782 and Manzoor Ahmad Bhatti v. Road Transport Corporation, West Pakistan PLD 1973 Lah. 659 ref. JUDGMENT…

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