LAHORE MUNICIPAL CORPORATION vs Messrs AWAN CONTRACTORS and others
The Lahore Municipal Corporation sought leave to appeal against the dismissal of its Civil Revisions by the High Court, which had decided the matter in favour of the respondents-plaintiffs by applying the penal provision under Order VIII, Rule 10 of the Code of Civil Procedure 1908 due to the petitioner's failure to file a written statement. The Supreme Court noted that while it initially intended to examine vital questions regarding the nature of the penalty, the conditions necessary for requiring a written statement, and the exercise of discretion, the petitioner and its functionaries failed to provide necessary material or instructions to assist the counsel, including even the copy of the order sheet. Consequently, due to the lack of assistance and the relatively small amount involved, the Supreme Court dismissed the petitions for leave to appeal.
- What are the conditions necessary for requiring a defendant to file a written statement under Order VIII Rule 10 of the Code of Civil Procedure 1908?
- How is the discretion regarding the application of the penalty under Order VIII Rule 10 of the Code of Civil Procedure 1908 exercised?
- Order VIII Rule 10, Code of Civil Procedure 1908
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in these petitions by the Lahore Municipal Corporation against the dismissal of its Civil Revisions by the High Court.
2. ' The matter was decided in favour of the respondents-plaintiffs by the application of a rule of penalty--Order VIII, rule 10, C.P.C. On the failure of the petitioner to file written statement when required by the Court to do so. When these petitions were filed, there was no authoritative pronouncement of this Court regarding interpretation of the said penal provision. A recent judgment of this Court in the case of must. Hakumat Bibi v. Imam Din (PLD 1987 SC 22), was dealt with its import.
3. We still wanted to examine various vital questions with reference to the nature of the penalty, and the conditions necessary for "requiring" a defendant to file a written statement as also the nature of discretion exercised in this case against the petitioner. But we could not do so because the learned counsel stated that there is no material with him or with the petitioner to assist the Court on these questions; so much so that even the copy of order sheet cannot be made available. It appears that much amount is not involved in these petitions. The petitioner and its functionaries have not cared to assist the learned counsel for the preparation of the case. There is no alternative but to dismiss these petitions accordingly.