Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. IX, R.13---Limitation Act (IX of 1908), S.5---Applications for setting aside of ex parte proceedings and condonation of delay---Application for setting aside ex parte proceedings was filed after delay of more than four years---Petitioner contended that no cause list was served on him and he had no intimation of the fixation of both said dates of hearing---Validity---Delay in filing the application for setting aside ex parte proceedings was not satisfactorily explained---Matter was an old one and was pending before Trial Court after remand from the High Court---Revision was dismissed with the direction that case be decided expeditiously. ORDER C.M. Nos.495-C and 496-C of 2006 TARIQ JAVAID, J.---C.M. No.495-C of 2006 has been filed for condonation of delay in filing of C.M. No.496-C/2006 whereas C.M. No.496-C of 2006 has been filed for setting aside the ex parte order dated 9-3-2010 as well as ex parte judgment dated 28-6-2002. The C.M. was filed on 11-3-2006. 2. Learned counsel for the petitioners maintained that no cause list was served on him and he had no intimation of the fixation of the case for both of the said dates for hearing, as such he has been condemned unheard. With regard to the delay of more than four years in filing the application, it was maintained that as the cause list was not served. It was only on the asking of the Clerk of the learned counsel for the applicants that he discovered from the office that the case has already been decided vide…

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