RAHEEL KAMRAN, J. Through this writ petition, the petitioners have challenged the order dated 02.02.2022 passed by the learned Civil Judge, Layyah whereby right of the petitioners to file written statement in the suit for declaration instituted by respondents Nos.3 to 5 has been closed as well as judgment dated 27.05.2022 passed by the learned Additional District Judge, Layyah whereby civil revision filed by the petitioners against the order passed by the learned Civil Judge, Layyah was dismissed.
2. Learned counsel for the petitioners contends that the impugned order and judgment passed by the learned courts below are against the law and facts, arbitrary to the perverse and leading to the miscarriage of justice. He maintains that the petitioners are residents of Tehsil and District Layyah who are currently living at Lahore in order to earn their livelihood, they are never informed about the proceedings of the case and the impugned order and judgment have been passed in ignorance of the aforementioned facts. He finally submits that learned trial court had no authority to strike off the right of the petitioners to file written statement while appellate court also ignored the said legal aspect of the case, therefore, impugned order and judgment are liable to be set aside.
3. Heard. Available record perused.
4. Rules 1 and 10 of Order VIII of the Code of Civil Procedure, 1908 which are relevant to this case are reproduced as under:-
1. Written statement. - The defendant, shall at or before the first hearing or within such time as the Court may permit, present a written statement of his defence and with such written statement, or if there is no written statement, at the first hearing shall produce in Court all documents in his possession or power on which he basis his defence or any claim for set-off
(2) ......
(3) ......
(4) ......
Provided that the period allowed for filing the written statement shall not ordinarily exceed 'thirty] days.
"Provided further that not more than two adjournments shall be granted for presenting the written statement."
"1-A Presumption of admission of contents of plaint.- When the defendant fails to present written statement of his defence before the day fixed for his hearing; the Court shall presume that he admits the contents of the plaint as true: Provided that nothing shall preclude the Court from permitting the defendant to present written statement, upon showing a just and sufficient cause in an application in writing supported by an affidavit: Provided further that the permission to present written statement shall not extend beyond the period fixed in rule 1.
10. Procedure when party fails to present written statement called for by Court. - Where any party from whom a written statement is so required fails to present the same within the time fixed by Court, the Court may pronounce judgment against him, or make such order in relations to the suit as it thinks fit.
(Emphasis supplied by the Court)
5. It is manifest from the perusal of above provision that the period of thirty days and not more than two opportunities have been provided by the law to defendant to file written statement. The consequences of failure to present the written statement within the time fixed by the Court are provided in Rule 10 of Order VIII of the Code in terms of empowering the Court to pronounce judgment against him or making such order in relation to the suit as it thinks fit.
6. While dismissing the civil revision of the petitioners, the learned Additional District Judge, Layyah recorded the following findings:- "Admittedly a suit for declaration is pending adjudication in the learned civil court where the petitioners/defendants No.10 to 13 put-up their appearance through counsel on 30.06.2021 and after availing ten opportunities spanning over about eight months failed to submit written statement/written reply. The right of the petitioners/defendants Nos. 10 to 13 to submit written statement/written reply was struck of by learned trial court on 02.02.2022. The petitioners availed ample opportunities to submit written statement/written reply with the warning of last and final opportunity as well as adjournment subject to cost; but the petitioners did not bother to submit written statement. The petitioners/defendants Nos. 10 to 13 cannot claim indefinite time to submit written statement/written reply in court as no illegality or irregularity is pointed out that the learned trial court has not rightly exercised the jurisdiction vested in it.
7. The petitioners have not shown any just and sufficient cause through an application in writing supported by an affidavit to explain the delay in presenting their written statement therefore, their indolence/negligence in this regard is patent and manifest.
8. On account of failure of the petitioners to file written statement, the learned Civil Court could proceed to pronounce judgment under Rule 10 of Order VIII of the Code while treating contents of the plaint as true, as contemplated in Rule 1A of Order VIII of the Code. However, vide impugned order dated 2-2-2022, the learned Civil Court proceeded to strike of right of the petitioners to file their written statement, which order squarely falls within the ambit of Rule 10 ibid. the plaintiffs/respondents Nos.3 to 5 still have to prove their case and the petitioners shall have a right to cross-examine their witnesses, which by all means is an order less penal than pronouncement of judgment against them.
9. Learned counsel for the petitioner failed to point out any illegality or jurisdictional error in the order and judgment impugned warranting interference of this Court in the exercise of jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
10. For the foregoing reasons, the instant petition is hereby dismissed in limine being devoid of any merits.