While dealing with the provisions of Order VIII, rules 1, 9 and 10 of the Code of Civil Procedure, 1908

 The apex Court in the judgment reported as Sardar Sakhawatuddin and 3 others Vs. Muhammad Iqbal and 4 others (1987 SCMR 1365) while dealing with the provisions of Order VIII, rules 1, 9 and 10 of the Code of Civil Procedure, 1908 has held as under:- 

It is clear from the combined reading of Rules 1 and 9 that amongst others three types of written statements can be filed by a defendant. 

1. As a right without any formal permission of the Court. (Rule 1).

2. When it is so required by the Court to file a written statement (Rule 1 and Rule 9). 

3. When under some circumstances it is by the leave of the Court (Rule 9)

It is obvious from Rule 10 that no adverse results under these Rules are to follow on failure to file written statement in cases mentioned in items Nos.1 and 3 above. But penal consequences of “pronouncement of judgment against” him when the defendant fails to file written statement when “so required”- - -as is indicated in item No.2 above, would follow. As it is a penal provision it will have to be strictly construed. Hence wherever a reasonable doubt arises regarding its interpretation or implementation, it shall have to be resolved in favour of the victim of its application. Otherwise too, its requirements would have to be established like those of Order XVII, Rule 3 which is similarly penal in nature. See Industrial Sales and Service, Karachi and another V. Archifar Opal Laboratories Ltd., Karachi PLD 1969 Kar.418. 

Part of Judgment 

IN THE LAHORE HIGH COURT AT LAHORE JUDICIAL DEPARTMENT

Civil Original Suit (C.O.S)
2462826.4088-16

2018 LHC 467