WALI MUHAMMAD vs SHAUKAT ALI S — 2023 PLD 81 LAHORE-HIGH-COURT-LAHORE

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WALI MUHAMMAD VS SHAUKAT ALI S. 6---Written statement---Delay in filing written statement---Mandatory provision---Scope---Section 6 of the Punjab Partition of Immovable Property Act, 2012, provides a period of 30 days to a defendant for filing the written statement which starts from the date of first appearance of defendant before the Court---Under subsection (2) of S. 6, penalty has been provided if the written statement is not filed within the stipulated time and in case of such default, the Court "shall" strike off the defence of the defendant as a consequence of which he shall also not be allowed to lead his evidence. S. 6---Written statement---Delay in filing written statement---Mandatory provision---Scope---Use of word "shall" in S. 6 gives a clear indication that the provision is mandatory in nature and has to be adhered to by the courts in letter and spirit and no exception can be created. S.6---Written statement---Delay in filing written statement---Effect---Respondents filed a suit for partition wherein the petitioners filed a written statement after 30 days of their first appearance---Trial Court dismissed the respondents' application for striking off the defence of petitioners, however, Appellate Court accepted the same---Contention of petitioners was that since time was granted by the Trial Court for filing the written statement, thus the petitioners could not be penalized due to act of the Court---Validity---Mandate of S. 6 of Punjab Partition of Immovable Property Act, 2012, was very clear and unequivocal as a categoric duty had been cast upon the defendant with regard to filing the written statement within the stipulated time and the Court was not invested with the power to extend such period---Since the consequence of non-fulfilling the provision of law was also given thus the mandate of introducing such a penal provision would be frustrated if the argument was accepted---Constitutional petition was dismissed.

WALI MUHAMMAD vs SHAUKAT ALI S — 2023 PLD 81 LAHORE-HIGH-COURT-LAHORE

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