Law:

Section:

Limitation Act (IX of 1908) --------- ----------S.14 --------- Exclusion of time of proceeding in a court without jurisdiction with bona fide intention --------- Condonation of delay --------- Principle --------- Party has to explain delay of each day and delay could not be condoned without explanation. THIS ORDER PASSED BY: AMIN-UD-DIN KHAN, JUSTICE:---------- This appeal has been filed against the order dated 12-10-2011, passed by the learned Senior Civil Judge, Sialkot, whereby application filed by the appellant/ defendant for setting aside ex parte decree was dismissed. In appeal also the ex parte judgment and decree dated 9-4-2010, and order dated 20-1-2010, for ex parte proceedings have been challenged. 2. Brief facts of the case are that the respondent/plaintiff filed a suit for specific performance with regard to the suit land on 28-7-2005. The defendant/appellant was served. She filed written statement on 15-11-2005. On 2-1-2010, due to non-appearance of any one on behalf of the defendant ex parte proceedings were ordered against the defendant/ appellant and vide judgment and decree dated 9-4-2010, the suit was ex parte decreed but the appellant/defendant on 3-2-2011, filed an application for setting aside the ex parte judgment and decree as well as ex parte proceedings order. Reply was filed. The learned trial Court after hearing both the parties dismissed the application vide order dated 12-10-2011. Against the said order appellant filed revision petition before the learned District Judge, which was accepted vide judgment dated 17-5-2012. Plaintiff/respondent challenged the order dated 17-5-2012, passed by the learned Additional District Judge through W.P. No. 14018 of 2012, mainly on the ground that the pecuniary jurisdictional value of the suit was Rs.36,00,000, therefore, learned Additional District Judge was having no pecuniary jurisdiction to entertain and decide the revision petition. The writ petition was heard on 27-11-2012, by this Court, the same was allowed and judgment dated 17-5-2012, passed by the learned Additional District Judge was set aside and also on the basis of the arguments of the learned counsel for the parties it was held…

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