2017 PLP 863 (YLR)

MUHAMMAD ALAM, J.

This is a first appeal against order/judgment dated 11-12-2015, passed by the learned Senior Civil Judge in Civil Suit No.44/2014, whereby, learned trial court proceeded against the appellants/defendants under Order VIII, Rule 10, C.P.C.

2. We have heard arguments on this appeal on the request of learned Additional Advocate General, although he did not comply order sheet dated 12-04-2016 of this court.

3. In connection with the proceedings in the case in hand, in the two courts below, admitted state of affairs plays very important role, which is that, sometimes back, appellants/defendants took up-to-date licenced weapon of the respondent/plaintiff and did not return the same for reasons better known to them. Then respondent/ plaintiff had to file suit (Civil Suit No.44/14) in the trial court with prayer of return of the up-to-date licensed weapon or in alternative prayed for payment of Rs.500,000/- as price of the said weapon. Learned trial court initiated trial proceedings of the so filed suit and as a part of progress of the same proceeded under Order VIII, Rule 10, C.P.C. against the appellants/defendants. Feeling aggrieved from the said order, appellants/ defendants moved the appellate forum of District Judge, who through his order dated 26-10-2015, directed the trial court for affording a single and last chance to the appellants/defendants for filing the written statement till 14-11-2015. Appellants/ defendants did not file written statement till 14-11-2015 and on 11-12-2015, trial court had to pass the impugned order, which goes as under:-- 11.12.2015 "Plaintiff through counsel present. Defendants through D.A. present. Learned counsel for the plaintiff filed copy of Hon'ble Addl. District and Sessions Judge Gilgit order dated 26-10-2015 which shows that a last chance was given to the defendants to file written statement and they were directed to file the same in this court on 14-11-2015 but they neither submitted written statement nor produced the said order on 14-11-2015. Defendants waived their right to file written statement."

4. We have heard learned Additional Advocate General at length and have gone through the file. Admitted state of affairs, described in Para No.2 supra, are sufficient to hold that the government machinery, responsible for protecting State interest in the courts below, have willfully or negligently displayed performance adverse to the State interest. Failure of the DA concerned for not filing the written statement instead of repeated chances and even a last chance from the appellate forum, shows clear disinterest of the appellants/defendants in the progress of the case. Record does not show any action against any of the officials concerned. Law regulating submission of written statement by the appellants/defendants, who are government of the G.B. provides only 60 days for filing the written statement. Appellants/defendants have filed attested copies of order sheets of civil court that the said court passed in progress of the trial of suit between parties. Order sheets dated 27-03-2014 and onwards show that appellants/defendants have availed, at least ten chances for filing written statement till the impugned order was passed.

5. We, therefore, hold that the impugned order is correct and merits to be upheld. Admission of appeal in hand for regular hearing is refused and instead we dismiss the same. This file be consigned to record. ZC/78/GB Appeal dismissed.