Law: Civil Procedure Code (V of 1908)

Section: 0.XXVII,Rr.1,2,115,0.VIII,R.10

(a) Civil Procedure Code (V of 1908)--- ---- 0. XXVII, Rr. I & 2 --- Suit by or against Government --- Signing of pleadings --- Neither Special Pleader was appointed by the Government nor. written statement was verified by Deputy Commissioner --- Effect --- Where no such pleader was appointed and case was contested through District Attorney/Deputy Attorney, such officers in their ex officio capacity could act, on behalf of the Government, and could perform all such acts which were required to be performed by the Government in a judicial proceedings --- Signing of pleadings by Deputy Commissioner was not required in circumstances. Government of N.-W.F.P. v. Shah Alam 1989 CLC 1542 rel. (b) Civil Procedure Code (V of 1908)--- ---- S. 115 --- Revision --- Jurisdiction of High Court --- Material irregularity committed by Subordinate Courts --- Effect --- High Court is a Court of error and through its visitatorial jurisdiction can take a curative action against a material irregularity committed by its subordinate Courts-Where any such irregularity comes to the notice of High Court through revision petition, the same calls for correction accordingly. (c) Civil Procedure Code (V of 1908)-- ----0. VIII, R. 10, O.XXVII, R.2 & S. 115 --- Suit against Government --- Striking off defence --- Written statement duly signed by Deputy District Attorney was filed by the Government --- Trial Court struck off defence of the Government on the ground that written statement was not signed by Deputy Commissioner--­Validity--Trial Court acted with material. irregularity by striking off defence of the respondent Government as there was a. written statement available on file and as such the Trial Court had ignored the provisions of O.XXVII, R.2, C.P.C.--­Case was remanded to Trial Court in circumstances. JUDGMENT The findings of the Courts below are at variance. The lear6d Civil Judge, Gujranwala vide. his judgment and decree dated 7-9-1998 had decreed. the suit. The learned Additional District Judge, Gujranwala, however, set aside this judgment and decree and remanded the case for fresh trial vide his judgment and decree dated 14-12-1998. 2. This was a suit for declaration read…

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