FAYYAZ AHMAD versus ADDITIONAL SESSIONS JUDGE, DEPALPUR
Article 42 and S4 Civil Procedure Code (v. 1908), VIII, R10 Constitution of Pakistan (1973), Article 199 Constitution Petition for a Declaration of Suit and a Restricted Writing Statement to Suit the Respondent's Right to Submit Was postponed on several dates. The defendants 'services and the trial court seized the defendants' right to enter a written statement before the important date that the defendants had issued an order before the appellate court for review, when the right to file a written statement was terminated. Was dismissed, the case was adjourned to serve the defendants even when the trial date was adjourned for arguments when the trial court, without providing any last-minute opportunity to file the written statement to the defendants. When the right was closed, the right to file a written statement was a solid legal right that cannot be taken lightly. Unless otherwise specified before the Appeal Clause, the trial court will provide one last chance to file a written statement. In the present case, such exercise was neither conducted nor the defendant filed a written statement by the specified date. Was asked to do so while the two courts had committed serious legal jurisdiction, material misconduct and legal malpractice. The impeachment order was put aside, and the defendants had another opportunity to file a written statement, approving the illegal order.
Related judgments — Lahore High Court Lahore, 2009