Citation Name: 2023 MLD 1197 LAHORE-HIGH-COURT-LAHOREBookmark this Case IMRAN AHMAD KHAN NIAZI vs Mian MUHAMMA

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Citation Name: 2023 MLD 1197 LAHORE-HIGH-COURT-LAHOREBookmark this Case IMRAN AHMAD KHAN NIAZI VS Mian MUHAMMAD SHAHBAZ SHARIF O. XI, Rr. 8, 9 & 21---Interrogatories, answers to---Order of Court---Nature---Provisions of O. XI, Rr. 8 & 9, C.P.C. are mandatory in nature as penal action has been provided in O. XI, R. 21, C.P.C., which speaks about striking out of the defence. Citation Name: 2023 MLD 1197 LAHORE-HIGH-COURT-LAHOREBookmark this Case IMRAN AHMAD KHAN NIAZI VS Mian MUHAMMAD SHAHBAZ SHARIF Ss. 4 & 9---Civil Procedure Code (V of 1908), O. XI, Rr. 7, 8, 9 & 21---Suit for recovery of damages---Interrogatories---Answers, non-filing of striking out defence--- Suit was filed against petitioner/defendant for recovery of damages---Trial Court struck out defence of petitioner/defendant as he failed to file answers to interrogatories despite having been given many opportunities in that regard---Validity---Petitioner/defendant failed to file objections on the interrogatories within the period stipulated in O. XI, R. 7, C.P.C, therefore, Trial Court rightly overruled the objections filed by him--- Court had the jurisdiction to regulate trial proceedings of a case, in order to eliminate abuse of process of law by adhering to all fairness in trial proceeding---Trial Court should always endeavor to conclude trial within reasonable span of time---Petitioner/defendant was granted ample opportunities but he failed to file answers and any grant of further opportunity would be an express abuse of process of law and same was not permissible---Trial Court was empowered to non-suit a plaintiff for any default on its part and there was no reason to oblige petitioner/defendant with numerous opportunities of adjournments on one pretext or the other without any justiciable reason causing unreasonable delay in deciding the lis---Courts have inherent powers to curb unnecessary delay for the ends of justice or to prevent abuse of process of law---Trial Court while invoking provision under O. XI, R. 21, C.P.C. rightly struck out right of defence of petitioner/ defendant---High Court declined to interfere in the order of striking out of defence as petitioner/defendant did not point out any illegality or material irregularity in the orders passed by Trial Court and also not identified any jurisdictional defect---Revision was dismissed, in circumstances.

Citation Name: 2023 MLD 1197 LAHORE-HIGH-COURT-LAHOREBookmark this Case IMRAN AHMAD KHAN NIAZI vs Mian MUHAMMAD SHAHBAZ SHARIF O — 2023 MLD 1197 LAHORE-HIGH-COURT-LAHORE

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