Valuable rights accrued in favour of other party. (after giving six opportunities coupled with cost and last warning)

Record suggests that after giving six opportunities coupled with cost and last warning, the petitioner has failed to file written statement and also to pay costs vide order dated 26.11.2013. Keeping in view of above referred circumstances, learned Judge Family Court while relying upon case law titled “FAIZ-UL-HASSAN versus Mst. JAN SULTAN and 2 others” (2001 SCMR 1323) struck off the right of filing written statement vide order dated 18.12.2013 and decreed the suit vide ex-parte judgment dated 26.02.2014. Initially, ex-parte decree was passed on 05.05.2011 which was set aside on 26.11.2013. Inspite of numerous opportunities petitioner had failed to file written statement, resultantly, his right to file written statement was struck off as stated supra. Thereafter, impugned judgment and decree was passed on 26.02.2014. Surprisingly, after passing of impugned ex-parte judgment and decree, he remained mum and filed appeal on 28.03.2015, after delay of more than one year. It is well settled principle by now that delay of each and every day has to be explained as on account of limitation certain valuable rights accrued in favour of other party. Record negates the version of learned counsel for petitioner that due to death of real brother of counsel for the petitioner, learned Judge Family Court struck off the right of petitioner in hasty manner.  

Part Of Judgment
Lahore High Court
WP- Family Law
2280-16
2016 LHC 1487