PROVINCE OF SINDH THROUGH SECRETARY (LU) versus HAJI GHANO KHAN JATOI
Articles 42 and 54 of the Civil Procedure Code (v. 1908), Section 80 and O. VII, R 10 of the Declaration and Permanent Order of the Ummah plaintiff have claimed that they are the defendants (Provincial Government and City District Government) on the basis of the sale agreement. The buyer of the suit is a landlord. , Under this, they are obliged to issue the NOC for its sale, in the event of the trial court's failure to file written statements and defendant's affidavit on the affidavit. , After the trial, was given four weeks as usual to file a written statement. Prior to the expiry of such period, the case was pending to pass an order on a formal request and was never determined to file a written statement by the defendants as another defendant was not summoned. That is, the trial court did not decide on the relevant date for the final hearing or settlement. Under section 80 (1), the CPC did not issue any notice to the defendants before filing a lawsuit, thus, they were entitled to give ent the mandatory period of three months to enter the written state. In no case can it be rectified that the trial court had pronounced the judgment within two months of serving the summons, which did not affect all the defendants. At the premature hearing of the Ben-Blashey petition, the High Court granted the defendants a month to file their written statement, and settled the law on unclean orders and remand.
Related judgments — Karachi High Court Sindh, 2012
