Law:

Section:

Civil Procedure Code (V of 1908)------O. X, R.4 & S.151---Oral examination by court---Non-appearance of defendants---Striking off defence---Recalling of order---Court intended to examine parties but as defendants did not appear personally before the court, therefore, their defence was struck off---Validity---Order for personal appearance of a party under O.X, R.4, C.P.C. could only be made if their counsel had refused to answer material questions relating to the suit---Personal appearance of defendants was ordered without hearing counsel for defendants and without giving finding that their counsel had refused or was unable to answer material questions relating to the suit---High Court recalled its earlier order whereby defence of defendants was struck off---Application was allowed accordingly. Irfanullah Khan for Plaintiff. Qaiser Jameel for Defendant. ORDER NADEEM AZHAR SIDDIQI, J.--- By this application (C.M.A. No.4652 of 2006) the defendant has prayed .for recalling the order, dated 29-8-2005 by which the defence of the defendant was struck off on failure of the defendant to appear in person to complete the proceedings under Order X, C.P.C. The plaintiff filed counter-affidavit to the said application. In the counter-affidavit it has been stated that earlier application was dismissed and the second application is not maintainable. It was further stated that the plea of illness is false and there is contradiction in the contents of affidavit of the learned counsel and Syed Ansar Hussain. The defendant has also filed the affidavit in rejoinder. The case was fixed on 2-5-2005 when the Court has ordered for proceedings under Order X, C.P.C. and directed the parties to appear in person or through Advocates to answer all queries and the case was adjourned to 25-5-2005. From the order-sheet, dated 25-5-2005 it appears that on 25-5-2005 the defendants and their counsel were not present and order for personal appearance of defendant was passed and the case was adjourned to 29-8-2005. On next date since the learned counsel for the defendant was not able to answer the material question relating to the suit, the defence of the defendant was truck off. The order of…

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