Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.13

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Limitation Act, 1908

Section: 5

Civil Procedure Code (V of 1908)--- ----O.IX, R.13---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Art.185(3)---Ex parte decree, setting aside of---Implied condonation of delay---Negligence of subordinate Government officials--­Suit-land was allegedly owned by plaintiff and the same was in possession of Provincial Government---Conversely, the Provincial Government claimed to be the owner in possession of the suit-land---Suit was decreed ex parte in favour of the plaintiff---Provincial Government filed application under O.IX, R.13, C.P.C. for setting aside of the decree, alongwith the ,application, condo nation of delay was also sought---Trial Court dismissed the application but the Appellate Court remanded the case to Trial Court for decision afresh---Order passed by the Appellate Court was maintained by the High Court--Plea raised by the plaintiff was that the Government had failed to give any explanation for condo nation of delay---Validity---Official who was deputed to pursue the suit, neither appeared before the Trial Court nor informed the concerned authorities that the suit was decreed ex parte---Judgment by Appellate Court revealed that the question of limitation was not dealt with and the Government, also did not offer sufficient explanation for non-appearance in the Court but Supreme Court refused to permit the taking away of the Government property for the negligence of subordinate officials---Manner in which the matter was pursued by subordinate officials showed that they did not properly watch the Government interest and possibility of their being in league with plaintiff could not be ruled out---Supreme Court declined to non-suit the Government. on technical grounds and preferred that rights of parties should be determined in the property on merits---Appellate Court though had passed without dealing with the question of limitation in express words, yet it would be deemed that there was implied condonation of delay---Leave to appeal was refused. Chairman, District Evacuee Trust v. Abdul Khaliq PLD 2002 SC 436 and Dilmir v. Ghulam Muhammad PLD 2002 SC 403 ref. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 185…

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