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Civil Procedure Code (V of 1908)----O. VIII, Rr.10 & 12---Constitution of Pakistan (1973), Art. 185(3)-¬Absence of defendant on date fixed for hearing---Striking off defence--¬Penal consequences of O.VIII, Rr. 10 and 12, C.P.C.---Applicability---Trial Court, due to absence of defendant, struck off defence and decreed the suit---Order passed by Trial Court was set aside by Appellate Court but High Court in exercise of revisional jurisdiction restored the order passed by Trial Court---Validity---Contention of the defendant was that like O.VIII, R.12, C.P.C., the provisions of O.VIII, R.10, C.P.C. also created a liability and it was not mandatory for the Court to pronounce or strike off defence and the matter being in the discretion of the Court, penalty should not be imposed without compelling reasons--¬Validity---Such provisions required to be strictly construed and whenever a reasonable doubt had arisen as to its interpretation or implementation, it should have to be resolved in favour of the victim of its application--¬Petition raised question of public importance which was required to be considered---Leave to appeal was granted. Sardar Sakhawatuddin v. Muhammad Iqbal 1987 SCMR 1365; Jamal v. Rai Nadeem Ullah Khan 1991 SCMR 1551 and Messrs Jholey Lal Cotton Factory v. Tanweer Ahmad 1989 CLC 625 ref. ORDER MAMOON KAZI, J.---The respondent filed suit No. 1080/90 for declaration, permanent injunction and specific performance in respect of a shop situated at Karachi Airport, Karachi. The petitioner wanted to contest the suit and she also filed an application under O.VII, Rule, 11, C.P.C. for rejection of the plaint. A counter-affidavit was also filed on her behalf to resist an application filed on behalf of the respondent under O.XXXIX, Rules 1 and 2, C.P.C. An application was also filed by the petitioner's Advocate under section 148, C.P.C. seeking extension of time for filing written statement. The case was then adjourned to 13-3-1991. As the Presiding Officer had remained absent on the said date, the case was again adjourned to 7-3-1991. On the said date, the Advocate for the petitioner was busy in the High Court and, therefore, he sent an application for…

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