Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.13,6,S.151

Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.13,6,S.151

Law: Limitation Act, 1908

Section: 181,164,5

(a) Civil Procedure Code (V of 1908)-------O. IX, R. 13---Limitation Act (IX of 1908), Ss.5 & 14, Arts.164 & 181---Suit for recovery of amount---Application for setting aside ex parte decree---Limitation---Defendants had not turned up on the date fixed for recording evidence though case was twice adjourned and Trial Court proceeded ex parte directing the plaintiff to produce evidence and adjourned the case---Trial Court, on the adjourned date, recorded evidence produced by the plaintiff and adjourned the case for arguments and on adjourned date Trial Court decreed the suit ex parte---Application filed by the defendants under O.IX, R.13, C.P.C. for setting aside ex parte decree having been dismissed by the Trial Court, defendants had filed appeal with application for condonation of delay in filing application for setting aside order of ex parte decree---Date on which ex parte decree was passed against the defendants, was not fixed by the Trial Judge himself as on that date he was busy in some other cases and the adjourned date was given by the office/reader of the court---Validity---Office/reader of the court was neither empowered nor competent to fix a matter for hearing, except could hardly adjourn and fix a future date for the information of the parties---As adjourned date was a date fixed by the office and not by the Judge for hearing, court below was not competent to pass an ex parte decree without issuing notice to opposite party---Period of limitation available to the defendants, was three years as provided under Art.181 of the Limitation Act, 1908, and not under Art.164 of the said Act---Application for setting aside ex parte decree which was within the time, was allowed and ex parte decree was set aside subject to payment of normal costs. 1981 PLD SC 21; 2001 CLC 1976; 1986 MLD 596 and 1988 MLD 1518 ref. (b) Civil Procedure Code (V of 1908)--- ----O. IX, Rr.6 & 13---Limitation Act (IX of 1908), Art.164---Setting aside of ex parte decree---Limitation---Procedure---Order IX, R.6, C.P.C. was applicable only on the occasions specified therein; and the court was competent to proceed ex parte on that basis only---Law not only had recognized ex…

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