Sardar SAKHAWAT UD DIN AND Others. vs MUHAMMAD IQBAL AND Other
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging the passing of a decree in the absence of supporting evidence upon the failure of the defendants to file additional written statements. The core legal question for consideration is whether a court is competent to pass a decree under the provisions of Order VIII, Rule 10 of the Code of Civil Procedure 1908 without recording evidence in support of the plaintiff's case. Granting leave to appeal, the Court held that the question requires further consideration and ordered the appeal to be made ready on the present record for an early hearing, requiring security. The key principle relates to the procedural prerequisites for rendering a judgment and decree upon a party's default in filing pleadings.
- Can a decree be passed under Order VIII, Rule 10 of the Code of Civil Procedure 1908 despite the absence of any evidence in support of the plaintiff's case?
- Does the failure of defendants to file additional written statements automatically warrant the passing of a decree without further proof?
- Order VIII Rule 10, Code of Civil Procedure 1908
ORDER
1. NASIM HASAN SHAH, J.--: he question, whether a decree could have been passed under the provisions of Order VIII, rule 10, C. P. C. Despite the absence of any evidence .In support of the plaintiff's case on the failure of the petitioners herein, who were defendants in the suit proceed-- ings, to file additional written statements, requires further consideration. Leave is, accordingly, granted.
2. Security Rs. 2,500.
3. The appeal shall be made ready on the present record, with liberty t the parties to add further documents, if any and fixed for hearing at very early date.
4. M. Z. M.