Default

Word "default" in legal terminology necessarily imports an element of negligence or fault and means something more than mere non-compliance

To establish default one must show that noncompliance has been due to some avoidable cause, for, a person ought not to be made liable for a failure due to some cause for which he is, in no way, responsible or which was beyond his control

Not to be lightly presumed that the law intends to cause injustice or hardship; thus unless the Legislature has made its intention clear, that construction must be preferred which will prevent manifest injustice and obviate hardship

On such principle of law too the word "default" should mean an act done in breach of a duty or in disregard of an order or direction.

Connotation.

Connotation.

Word 'default' connotes elements of negligence and failure to fulfil obligation under the law.

.Word 'default' in legal terminology, necessarily imports an element of negligence or fault and means something more than mere non-compliance.

Words and Phrases West Pakiston Urban Rent Restriction Act (IX of 1957), S. 13 (6) -read with Ss. 13 (6), 21 (2) (b) & 22 (1), West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-Order for deposit of rent passed under S. 13 (6) of Act-Proceedings under Act consigned to record room on expiry of Act

Restoration of proceedings tinder S. 22 (1) of Ordinance

Necessity of formal order of restoration -Earlier order of deposit of rent, when lobe deemed to have become enforceable

Non-payment of rent by tenant, whether default entailing penalty of S. 13 (6) of Ordinance-Tenant to be informed of restoration of proceedings before he can be charged with default

Words and Phrases"Default"

Meaning.