Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. IX, R. 9---Limitation Act (IX of 1908) S. 5---Condonation of delay---Suit for recovery---Application for setting aside ex parte decree was dismissed, and defendant/applicant's appeal thereagainst was dismissed in default of appearance---Application under O. IX, R. 9, C.P.C. for restoration of said appeal was dismissed---Said application was filed after a delay of about 11 months---Contention of applicant was that he broke his leg as a result of a road accident and had been advised complete bed rest for two months in support of which claim applicant had provided a "Discharge Certificate" from the hospital---Validity---Perusal of said "Discharge Certificate" showed that date of discharge of applicant from the hospital was the same as day of accident and only "conservative management" and "dressing" were recommended---Said certificate did not mention either that applicant's leg was broken or that he had been advised bed rest---Even otherwise applicant's appeal was fixed about one and a half month after his supposed recovery yet he and his counsel remained absent on the date of hearing---No illegality existed in impugned orders---Revision was dismissed. Muhammad Nawaz and others v. Muhammad Sadiq and another 1995 SCMR 105 rel. ORDER NADEEM AKHTAR, J.---This Civil Revision Application has been filed by the applicant against the order passed on 4-8-2011 in Civil Miscellaneous Appeal No.6 of 2008 by the learned Additional District Judge, Naushero Feroze, whereby the application filed by the applicant under Order IX Rule 9, C.P.C. for restoration of his said appeal was dismissed. 2. Relevant facts of this case are that a suit for recovery of money was filed by the respondent against the applicant before the Civil Judge, Naushero Feroze (trial Court), which was decreed ex parte against the applicant on 11-9-2007. The applicant filed an application under Order IX, Rule 13, C.P.C. on 25-4-2008 for setting aside of the said ex parte decree. By order dated 9-6-2008 passed by the learned trial Court, the application filed by the applicant for setting aside of the ex parte decree was dismissed on merits after hearing the parties.…

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