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2023 CLC 96 PESHAWAR-HIGH-COURT

Case information

Citation
2023 CLC 96 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
CLC
Subject matter
Civil
Provisions referred to
Civil Procedure Code (V of 1908)

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

Citation Name: 2023 CLC 96 PESHAWAR-HIGH-COURTBookmark this Case SUI NORTHERN GAS PIPELINE through Incharge Sui Gas Office, Charsadda VS GUL HAKEEM Ss.42 & 54---Civil Procedure Code (V of 1908), O.VIII, R.10---Defence, striking off---Written statement, non-filing of---Petitioner / defendant despite availing of repeated opportunity failed to file written statement---Trial Court in exercise of powers under O.VIII, R.10, C.P.C. struck off right of defence---Validity---When record did not speak of copy of notice under O.VIII R.10, C.P.C. to petitioner / defendant through its counsel or representative, presumption was in favour of petitioner / defendant that notice under O.VIII, R.10, C.P.C. was not served---Proceedings of Trial Court got presumption of truth but when in order of Trial Court it was highlighted that notice was given orally without specific name and designation of person or particulars of counsel or representative were highlighted, such situation favoured petitioner / defendant---Penal consequences against petitioner / defendant in such situation would not meet the ends of justice---High Court set aside the order passed by Trial Court subject to payment of cost to respondent/plaintiff---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2023 CLC

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