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PROFESSOR NISAR AHMED KHAN vs INSTITUTE OF BUSINESS ADMINISTRATION O — 2022 CLC 1680 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 1680 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
PROFESSOR NISAR AHMED KHAN vs INSTITUTE OF BUSINESS ADMINISTRATION O
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PROFESSOR NISAR AHMED KHAN VS INSTITUTE OF BUSINESS ADMINISTRATION O.VIII, R.10---Procedure where party fails to present written statement called for by Court---Scope---Where, on failure of the defendant to file written statement, Trial Court had not only struck off his defence but had also decreed the suit against him, the High Court observed that when the R.10 of the O.VIII of C.P.C. itself had allowed only one penal consequence i.e. judgment against him or such order in relation to the suit as court thinks fit then the Trial Court was not legally justified to decree the suit when it first had passed an order of striking off defence---Defendant was not warned in categorical terms that failure in filing written statement on next date would bring the penal consequences, hence in absence thereof the impugned order could not legally sustain---Judgments recorded by both the courts below were declared to be against the law---Case was remanded to the Trial Court with the liberty to the defendant to file written statement within fifteen days.

Other judgments reported in 2022 CLC

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