Case Details

Citation(s)
1991 SLG 1271 1991 SLD 1271 1991 SCMR 1551
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.1121 of 1985, decision dated: 12-06-1989(On appeal from the order of the Lahore High Court dated 7-10-1985 in Civil Revision No.1878 of 1985)
MUHAMMAD AFZAL ZULLAH AND S. USMAN ALI SHAH, JJ

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JAMAL

Rai NADEEM ULLAH KHAN

Law:

Section:

Civil Procedure Code (V of 1908)--O.VIII, R.1---Constitution of Pakistan (1973), Art.185(3)---Filing of written statement in money suit---Leave to appeal was granted to consider whether filing of written statement in money suit was a routine proceeding without any specific or special direction by 'Trial Court and in consequence of failure to rile the same plaintiff's suit could not be decreed. Sardar Sakhawatuddin and 3 others v. Muhammad Iqbal and 4 others 1987 S C M R 1365 ref. ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by a defendant in a money suit which has been decreed against him throughout and finally his Civil Revision was also dismissed by the High Court. The suit has been decreed against the petitioner on account of his failure to file written statement, under Order VIII, Rule 1, C.P.C.; on the assumption, that the Court felt' the need for the filing of the written statement and the petitioner despite having been allowed several opportunities failed to comply with the directions in this behalf. Learned…
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