PESCO THROUGH CHIEF EXECUTIVE, WAPDA HOUSE, PESHAWAR versus MTS. TARIQ COLD STORAGE THROUGH MANAGING DIRECTOR
Sections 114, 151, O VIII, R 10, O IX, R 13 and O XLVII, R 1 filed against the defendant, attacking defendant's defense for not entering a written statement despite having several occasions. Remove the review request for illegal action filed against Its defense was read with Section 151, CPC, order of pre-trial proceedings against the defendant under O IX, R 13, for separation of the order of the preceding action accepted on payment of the costs by trial. The defendant's conduct during the trial proceedings was inconsistent and negligent in allowing the written statement to be made. The order to stay away from the defense had not been finalized when there was no challenge to the appeal, although it was rejected on the grounds of non-prosecution, however, it did not qualify against the order to stay away from the defense if it did not fall under the jurisdiction of the department. 114 was read with AXLVII, R1, CPC, the permission to enter a written statement in view of the provision of section 151 CPC was an unlawful exercise. Thus, the powers under section 151 have no jurisdiction and The quorum was non-jurisdictional, the CPC could not be used in the event of the availability of other appropriate remedies or the application of the law supply express provision, the trial court did not have the authority to sit on its own order. Abstaining from defense as an appellate court and passing an unexpected order. The plaintiff did not seek relief from filing a written statement in her petition. The improper order was illegal, irregular and jurisdictional, the High Court put the improper order aside.
Related judgments — Peshawar High Court NWFP, 2011
