Law:

Section:

Sindh Chief Court Rules (O.S.)------R. 159---Civil Procedure Code (V of 1908), 5.151---Restoration of suit--­Defendant failed to file written statement within the time stipulated under the law---Such application was hopelessly barred by limitation and no justification had been shown for such delay---Effect---Where the plaintiff had a very strong case and the applicant/defendant was using various methods to try and prolong the case, which should have been disposed of much earlier, permission to file written statement was not granted. ORDER C.M.A. No. 10302 of 1998. This is an application filed by the defendant under Rule 159 of Sindh Chief Court Rules read with section 151, C.P.C., for restoration of the suit of the defendant, to file written statement and objections. The plaintiff has filed the suit for granting of permanent injunction and from restraining the defendants from trying to use the mark POLO which is copy of mark POLO. The suit was filed on 5-11-1996 and the defendants were served as per the diary of the Additional Registrar and filed power on the 20th January, 1997. On that day the Additional Registrar ordered that written statement is to be filed by all the defendants, thereafter the matter was put up on 7-4-1997 and 13-5-1997 but written statement was not filed. On the 2nd of September, 1997 the defendants 1 to 5 were debarred from filing the written statement by the Additional Registrar. This application under Rule 159 has been filed on 23rd November, 1998. In this application the counsel for the defendants has filed an affidavit where no justifiable reasons have been given for the late filing or non-filing of written statement within the stipulated time. Instead of showing reasons or justification as to why there occurred a delay in filing the written statement within…

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