PAR Marketers (Pvt.) Ltd vs Hatton National Bank Ltd – sllr 2004 volume 3 page 297

The case between PAR MARKETERS (PVT.) LTD and HATTON NATIONAL BANK LTD addressed the issue of whether a court’s order fixing the case for trial, without making a specific order on an application under section 100 of the Civil Procedure Code or providing reasons for not doing so, is legally valid. It was determined that an application for an order under section 100 is a mandatory procedural requirement when a party refuses to answer interrogatories, and must be addressed before fixing the case for trial. The holding reaffirmed the principle that the judicial duty to make or refuse an order under section 100, with reasons, is integral to procedural fairness. The decision relied on the interpretation of sections 99, 100, and 91 of the Civil Procedure Code, emphasizing that the appeal mechanis