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Civil Petition No. 284 of 1983, decided on 24th April, 1983.
(On appeal from the judgment, dated 6th March, 1983 of the Lahore High Court in F. A. O./R. F. A. 36 of 1962).
--Art. 185(3)‑Civil Procedure Code (V of 1908). O. VII , r. 10_ Leave to appeal granted to consider question whether decree could nave been passed under O. VIII, r. 10, C. P. C. despite absence of any evidence in support 9f plaintiff's case on failure of petitioners., (in Supreme Court) who were defendants in suit proceedings to file additional written statement‑Parties given liberty to add further documents, if any, before hearing of appeal.
Muhammad Mahmud Bhatti, Senior Advocate Supreme Court and Muhammad Aslam, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing : 24th April, 1983.
: he question, whether a decree could have been passed under the provisions of Order VIII, rule 10, C. P. C. despite the absence of any evidence .in support of the plaintiff's case on the failure of the petitioners herein, who were defendants in the suit proceed ings, to file additional written statements, requires further consideration. Leave is, accordingly, granted.
Security Rs. 2,500.
The appeal shall be made ready on the present record, with liberty t the parties to add further documents, if any and fixed for hearing at very early date.
M. Z. M.
Petition dismissed.
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