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WALAYAT BEGUM versus LAHORE DEVELOPMENT AUTHORITY


Civil Procedure Code Order VIII and O VIII of the CPC Written Statement, R 42 of the Specific Relief Act (I of 1877), sections 42 and 54 of the suit, for the declaration and for the injunction Defendant issued the strike and on the due date for the defendant's hearing, the lawyer for the defendant submitted and presented his / her jurisdiction, then the copy of the defendant was handed over to the defendant's lawyer and he It was directed to file a written statement on the date the hearing was postponed. The trial lawyer failed to file a written statement and requested more time to present the case, which was granted by the trial court, providing two more opportunities for defendants to file a written statement subject to a penalty / expense. , The trial court provided the defendants with a final opportunity to file a written statement. , But the defendants also failed to file a written statement on that date, the trial court terminated their defense, recording their lawyer's statement, the case was adjourned and the hearing date was adjourned. The appellate court accepted the appeal filed by the plaintiffs and the decision was upheld by the trial court, the ability to withhold defense, more and more care is needed on the issue. Since the court will shut down one party for its defense and in practice it will be pleasing to the other party, a judgment can be rendered against such party if the party fails to file a written statement, but justice between the parties. This decision will not be against this decision. This means a decision on the suit ipsi dixit without proof

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