WEEK 4

10. Procedure when party fails to present written statement called for by Court. Where any
party from whom a written statement is so required fails to present the same within the time fixed by
Court, the Court may pronounce judgment against him, or make such order in relation to the suit as it
thinks fit.
1[11. Address for service.__ (1) Every party, whether original, added or substituted, who appears
in any suit or other proceeding, shall, on or before the date fixed in the summons, notice or other
process served on him, file in Court a proceeding stating his address for service.
(2) Such address shall be entered in the Register of suits to be maintained under Order IV, rule 2.
(3) Rules 20, 23, 24 and 25 of Order VII shall apply, so far as may be, to addresses for service filed
under this rule.
12. Consequencies of failure to file address.__ (1) Where a party fails to file an address for
service as provided in the preceding rule, 2[“the court may direct him to file such address and if he fails
to do so after giving him opportunity to file the address”] he shall be liable to have his defence, if any,
struck out and to be placed in the same position as if he had not defended.
(2) The Court may pass an order under subrule
(1) suo moto or on the application of any party.
13. List of legal represntatives of defendant.__ (1) In every suit of the nature referred to in rule 4,
Order XXII, the written statement shall be accompanied by a statement giving (
a) the names and addresses of the persons who, in the event of the death of the defendant,
may be made a party as his legal representatives;
(b) the name and address of the person, who in the event of the death of the defendant, shall
intimate such fact to the Court, furnish the Court with the names, particulars and addresses
of the legal representatives of the defendant and make an application for the legal
representatives to be made a party.
(2) A defendant may at any time a)
file in the Court an amended list of his presumptive representatives.
1 Rules 11, 12 and 13 added by the Law Reforms Ordinance, 1972 (12 of 1972) s.2 and Sch.
2Added by SRO 579(1)/2014, dated : 18062014
Code of Civil Procedure, 1908 [1908 : V]
Page 121 of 370
b) nominate another person, in the place of the person nominated under clause (b) of subrule
(1), for the purposes of that clause.
(3) A nomination made under clause (b) of subrule
(1) shall, unless varied under clause (b) of subrule
(2), remain in force throughout the pendency of the suit and any proceedings arising therefrom,
including appeal, revision or review.]

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