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Rai MUHAMMAD ASHRAF vs ADDITIONAL SESSIONS JUDGE, NANKANA SAHIB S — 2022 PLD 409 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 409 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
Rai MUHAMMAD ASHRAF vs ADDITIONAL SESSIONS JUDGE, NANKANA SAHIB S
Subject matter
Civil
Provisions referred to
S. 26; Civil Procedure Code

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

Rai MUHAMMAD ASHRAF VS ADDITIONAL SESSIONS JUDGE, NANKANA SAHIB S. 26a & O. XVIII, R. 3---Petitioner's right to file written statement was concurrently closed---Petitioner contended that Trial Court did not provide sufficient opportunity---Held, that the petitioner was afforded five opportunities including last opportunity---Petitioner had failed to do the needful despite lapse of more than three and half months, hence his right to file written statement was closed---Where law prescribed a time for doing a certain act, the same should ordinarily be adhered to unless cogent reasons/lawful justification was presented before the Court justifying an extension of such time---In the Provision of S.26a of Civil Procedure Code, 1908 not only the word "shall" has been used, but penal consequences for failure of the defendant to file the written statement within the specified period have been prescribed---Legislative intent behind the provisions of S.26a of Civil Procedure Code, 1908 appeared to cut short the unnecessary delay that would occur at the time of submission of written statement---Provisions of S.26a, C.P.C. being mandatory in nature, were required to be complied with---Constitutional petition was dismissed accordingly.

Other judgments reported in 2022 PLD

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