MUHAMMAD MUNSHI versus SHAHAMAND

VIII, R, I, VIII and Ten of the Rules It is argued that O VIII by the applicant for filing a written statement and written statement for lack of instruction by the trial court under R9 of O VIII. Must be filed under KR1. There is no order under r 10 of O VIII for the purpose for which the trial court has been held not to file a written statement on the due date, it may file a case under r 10 of the VIII, CPC, although the relevant written statement Applicants default in case of entry. No r1 and r9 of A VIII, CPC [Nigartanam Pillai vs. Kamalathamal AIR 1945 MED 299 and Abdul Quds v. Abdulrahman PLD 1970 dislike Independent J&K 21 [Plant]

1981CLC1184

[Lahore]

Before Muhammad Ilyas, J

MUHAMMAD MUNSHI‑‑‑Petitioner

versus

SHAHAMAND‑Respondent

Civil Revision No. 404‑D and Civil Miscellaneous No. 1291/C of 1981, decided on 8th April, 1981.

Civil Procedure Code (V of 1908)‑-----

---O. VIII, rr. 1, 9 & 10‑Decree‑Contention that there being no direction by trial Court under r. 9 of O. VIII for filing of written statement and written statement having been required to be filed by petitioner under r. 1 of O. VIII, Court could not decree suit under r. 10 of O. VIII for failure to file written statement on date fixed for purpose‑Trial Court, held, can decree suit under r. 10 of O. VIII,C. P. C. even if petitioner's default in matter of filing of written statement relatable to r. 1 and not r. 9 of O. VIII, C. P. C.‑[Nagaratnam Pillai v. Kamalathammal A I R 1945 Mad. 299 and Abdul Qadoos v. Abdur Rehman P L D 1970 Azad J & K 21 dissented from.‑‑[Plaint]

Nagaratnam Pillai v. Ramalathammal A I R 1945 Mad. 299 and Abdul Qadoos v. Abdur Behman P L D 1970 Azad J & K 21 dissented from.

Ghulam Muhammad v. Mst. Sahiban P L D 1957 Lah. 624 ; Sheikh Muhammad Sharif v. Hill Ghulam Gilani P L D 1961 Lah. 609 and Sh. Abdul Saboor & Brothers v. Ganesh Flour Mills Co. Ltd., Lyallpur P L D 1967 Lah. 779 ref.

Bashir Hussain Khalid for Petitioner.

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