1. Ground not taken in written statement — Cannot be allowed to be pressed in appeal. Syed Irfan Hussain naqvi  v. Al-Khair university & 4 others 2007 SCR 491 (H)
  2. Filing of written statement — Effect of — No written statement was filed — Questions of fact mentioned in the writ petition were admitted to the other party — When all the averments of writ petition were admitted by the other party then what was the need for summoning the record — It is the celebrated principle of law that where the claim of one party is admitted by the other party then that party is relieved from proving the admitted facts — Held: The case is remanded to the High Court with the direction that it shall consider that when the right of defence of respondent was closed and no written statement was filed then what was its effect? Muhammad Rafiq Chaudhary v. Azad Govt.  & 4 Others 2008 SCR 60 (D)
  3. Providing of opportunity for filing written statement is mandatory. Asadullah Khan & 8 others v. Cap. (R) Raja Muhammad Ilyas Khan & 10 others 2016 SCR 750 (B) 1989 SCMR 2040, 1990 CLC 1580 & PLD  2003 SC 379 rel.
  4. Plaint amended — case cannot be decided without affording an opportunity of filing amended written statement. Asadullah Khan & 8 others v. Cap. (R) Raja Muhammad Ilyas Khan & 10 others 2016 SCR 750 (C)
error: Content is protected !!