-Written reply within stipulated period--Application for striking-off defence--Petitioner assailed vires of judgments/orders passed by learned Courts below, whereby, his application for striking-off defence of respondent No. 3 was dismissed concurrently-

 PLJ 2024 Lahore (Note) 7
[Multan Bench, Multan]
Present: Ahmad Nadeem Arshad, J.
MUHAMMAD AZHAR--Petitioner
versus
ADDITIONAL DISTRICT JUDGE, etc.--Respondents
W.P. No. 13379 of 2023, decided on 7.9.2023.

Family Courts Act, 1964 (XXXV of 1964)--

----Family Courts Rules, 1965, R. 22--Written reply within stipulated period--Application for striking-off defence--Petitioner assailed vires of judgments/orders passed by learned Courts below, whereby, his application for striking-off defence of respondent No. 3 was dismissed concurrently--Respondent No. 3 could not file written reply within stipulated period as prescribed by Family Courts Act, 1964--Petitioner moved an application for striking-off defence of respondent No. 3--The learned Trial Court after obtaining its reply and hearing arguments of both side, dismissed same--He preferred a time barred appeal which also met same fate and dismissed by learned appellate Court--Written reply on behalf of respondent No. 3 has be filed--Learned Trial Court shall definitely decide case after observing all procedure including recording evidence of parties once for all--This petition having no force/substance is dismissed.                                                                                      

                                                               [Para 1, 2, 4 & 5] A, B, C & D

Kh. Qaisar Butt, Advocate for Petitioner.

Date of hearing: 7.9.2023.

Order

Through this Constitutional Petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner assailed the vires of judgments/ orders dated 27.04.2023 & 05.08.2023 passed by learned Courts below, whereby, his application for striking-off the defence of Respondent No. 3 was dismissed concurrently.

2. Facts in brevity are that petitioner filed an application for the custody and visitation. Of his minor daughter namely Rida Azhar aged about 04 years on 15.10.2022. On 28.10.2022 power of attorney was filed on behalf of Respondent No. 3 and the case was fixed for filing of written reply. Respondent No. 3 could not file the written reply within stipulated period as prescribed by Family Courts Act, 1964. On 07.12.2022 the petitioner moved an application for striking-off the defence of Respondent No. 3. The learned trial Court after obtaining its reply and hearing arguments of both side, dismissed the same vide order/judgment dated 27.04.2023. Being aggrieved, he preferred a time barred appeal which also met the same fate and dismissed by the learned appellate Court vide judgment/order dated 05.08.2023. Being dis-satisfied he filed the instant Constitutional Petition.

3. I have heard learned counsel for the petitioner at full length and perused the record with his able assistance.

4. Law favours adjudication of lis on merits and one should be given proper opportunity of hearing to defend his case. In guardianship cases welfare of the minor was the paramount consideration. Petitioner himself admitted in para No. 4 of the petition that written reply on behalf of Respondent No. 3 has been filed on 22.12.2022, so, the learned trial Court shall definitely decide the case after observing all procedure including recording evidence of the parties once for all. From the act of petitioner as well as record it is manifestly clear that he is using delaying tactics and dragging Respondent No. 3 in un-necessary litigation. Learned counsel for the petitioner failed to -point out any illegality, irregularity, or mis-reading and non-reading of record on the part of lower fora.

5. For what has been discussed above, this petition having no force/substance is dismissed-in-limine. No order as to costs. However, before parting with this judgment, the learned trial Court is directed to accelerate the proceedings and decide the same strictly in accordance with law within a period of 03 months after the receipt of certified copy of this order.

(M.A.B.)