Law:

Section:

Ex-parte decree-- ----Respondent filed a suit for maintenance and recovery of dowery--Trial Court summoned the petitioner through registered A.D, same returned unserved--Court published a notice against petitioner in newspaper but in vain--Ex-parte decree was passed--After 1 year petitioner moved an application for setting aside ex-parte decree--Without mentioning valid and cogent ground and without an application for condonation of delay--Address given by the petitioner was the same as mentioned in plaint--Trial Court adopted all legal modes for affecting the service on petitioner--Trial Court was justified to pass ex-parte order against the petitioner who was supposed to file application for setting aside ex-parte decree within the stipulated period of limitation--Being the family member had the full knowledge of the case--There was no reason to believe that the petitioner did not know about the suit--No legal infirmity in the of the High Court, which was neither slip shot nor arbitrary--Leave to appeal refused. [Pp. 341 & 342] A Order Abdul Hameed Dogar, J.--Petitioner seeks leave to appeal against the judgment dated 8.3.2006 of a learned Division Bench of the Peshawar High Court, Peshawar, whereby Writ Petition No. 227 of 2006 filed by him was dismissed. 2. Briefly, stated the facts giving rise to the filing of instant petition are that Mst. Jehan Ara respondent brought a suit against petitioner Iftikhar Ahmad Khan for recovery of maintenance as well as dowry amount and other expenses. It was alleged in the plaint that marriage of Jehan Ara respondent was solemnized with petitioner on 26.11.1998 and out of this wedlock two children were born. Later on relations between the spouses got strained and petitioner divorced Respondent No. 1. The trial Court summoned the petitioner but when his service could not be affected through ordinary means, even publication was made in the daily "Pakistan", Lahore, but he did not turn up. On 13.4.2005 when the matter was fixed for hearing, petitioner did not appear, therefore, ex-parte proceedings were ordered. In proof of ex-parte proceedings, Respondent No. 1 adduced her evidence and got examined herself as PW-1. On…

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