Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: JAMAL VS Respondent: Rai NADEEM ULLAH KHAN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: JAMAL vs Rai NADEEM ULLAH KHAN Case No.: Civil Petition for Leave to Appeal No.1121 of 1985 Revision No.1878 of 1985 Date of Judgment:1989-06-12 Reported As: 1991 SCMR 1551 Result: Leave granted
Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by a defendant in a money suit which has been decreed against him throughout and finally his Civil Revision was also dismissed by the High Court. The suit has been decreed against the petitioner on account of his failure to file written statement, under Order VIII, Rule 1, C.P.C.; on the assumption, that the Court felt' the need for the filing of the written statement and the petitioner despite having been allowed several opportunities failed to comply with the directions in this behalf. Learned counsel has relied on Sardar Sakhawatuddin and 3 others v. Muhammad Iqbal and 4 others (1987 SCMR 1365) to contend that this was not a case in which it was the need and the direction of the Court that the petitioner was required to file a written statement. On the contrary he has read the relevant part of the appellate order which according to him sufficiently shows that the filing of the written statement was a routine proceedings without any specific or special direction by the trial Court under Order VIII, Rule 1. Prima facie, the argument of the learned counsel has force. Leave to appeal is, therefore, granted. Security Rs.5,000. The appeal shall be prepared on present record with direction to the parties to file all essential documents. Execution proceedings, in the peculiar circumstances and the grant of leave to appeal, are stayed.