Law:

Section:

Civil Procedure Code (V of 1908)---.--- ---.----O. IX, R.13---.---Setting aside of ex parte decree against defendant---.---Scope---.---Terms of the compromise, in the present case spoke for setting aside the ex parte decree partially to the extent of one defendant (petitioner in the case)---.---Question was whether in the law, as in the present case, the ex parte decree shall be set aside as a whole or partially to the extent of one defendant---.---Held, in such circumstances, the relief could only be extended to a party who had approached the court for setting aside the ex parte decree on available grounds under the law, including the one that applicant seeking setting aside ex parse decree was not heard or allowed to represent himself/herself before the Court. Hiralal Morarka v. Sitaram Manekchand AIR 1952 Bombay 446 ref. THIS ORDER PASSED BY: IFTIKHAR MUHAMMAD CHAUDHRY, CHIEF JUSTICE:---.--- This petition for leave to appeal calls in question the judgment dated 25-6-2008 of the Peshawar High Court, Peshawar in Civil Revision No.176 of 2008. 2. Precisely stating the facts and circumstances of the case are that the predecessor-in-interest of respondent Mst. Bano Begum instituted a suit for declaration to the effect that she was the owner in possession of the property measuring 6 Kanals 14-1/2 Marlas out of 11 Kanals and 5-1/2 Marlas and the mutation No.245 attested on 17-4-1947 in favour of Habibur Rehman, the predecessor in interest of defendants Nos.1 to 11 was ineffective on her rights. The suit was decreed ex parte in favour of the plaintiff on 26-7-2006. Petitioner Mst. Shoukat Ara filed an application for setting aside ex parte decree but could not make out a case before the trial Court as her application was dismissed on 20-2-2007. The appeal preferred against this order also failed before the Additional District Judge, Peshawar, who dismissed the same vide order dated 9-2-2008. Subsequent thereto the revision noted above was filed which also dismissed. 3. We have heard the parties' learned counsel and also requisitioned the record to examine whether service upon Mst. Shoukat Ara was duly effected or not. The learned counsel for the petitioner and the…

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