Law:

Section:

Civil Procedure Code (V of 1908)-------O. VII, R.2, O. VIII, Rr. 1, 10 & O. IX, Rr. 6, 7, 13---Suit for recovery of amount---Ex parte decree, setting aside of---Striking off defence---Ex parte decree passed in suit was set aside by Trial Court on application of defendant and case was adjourned for filing written statement by defendant---Defendant having failed to file written statement despite obtaining several adjournments, his defence was struck off--­Validity---In spite of some slackness shown by the defendant in filing written statement, one more opportunity could have been given to him, for filing his written statement---Defendant was directed to file written statement on next date of hearing subject to payment of Rs.1,000 as costs---In case of non-payment of said costs petition would be deemed to have been dismissed. Nadeem Iqbal Chaudhry for Petitioner. Zulfiqar Ali for Respondents. ORDER Respondent filed a suit for recovery against the petitioner, which was ex parte decreed. Petitioner moved an application for setting aside A the said decree which was allowed by the trial Court. On 15-1-2002, the learned Civil Judge adjourned the case to 29-1-2002 for filing of written statement by the petitioner. On this date, the written statement was not filed and adjournment was sought, upon which the case was adjourned to 18-2-2002. Again on 18-2-2002, a similar…

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