Law:

Section:

Civil Procedure Code (V of 1908)-------O. VII, R.2 & O.IX, R.13---Limitation Act (IX of 1908), S.5---Suit for recovery---Ex parte decree---Execution proceedings---Applications for setting aside ex parte decree, condonation of delay and suspension of execution proceedings were dismissed---Appellant/defendant's attorney entered appearance once before the Trial Court and whereafter neither the appellant/defendant nor his attorney appeared for production of original power of attorney and written statement, therefore, ex parte proceedings were initiated against the appellant---Contention of the appellant was that no personal service had been effected on him, nor the substituted services had been adopted in the prescribed manner---Publication had been made in "daily newspaper", which was not a widely circulated paper---Fact of shifting of appellant to Islamabad was already in the knowledge of plaintiff/ respondent, but that fact was concealed from the Trial Court---Neither the appellant authorized any person to appear on his behalf before the Trial Court nor Wakalat Nama was duly signed by him---Validity---Contention of the appellant that he was not served had force, as the publication was made in a daily newspaper, which was not a widely circulated paper---Owing to leave of Presiding Officer, that case was adjourned to 2-5-2009 on "Note Reader", when the Trial Court initiated ex parte proceedings against the appellant---When the case was adjourned on "Note Reader", which was not the "date of hearing", the order of the Trial Court for initiating ex parte proceedings was made on an adjourned date, which was not valid order---Appellant specifically claimed that he got the knowledge of ex parte decree on 26-3-2011, but the Trial Court without recording pro and contra evidence dismissed the applications of the appellant being barred by time---Limitation was mixed question of law and fact, which could not be decided without recording pro and contra evidence---Trial Court was not justified to reject the applications of the appellant summarily without recording pro and contra evidence, therefore, appeal was allowed and the impugned order was set aside. Farmanullah…

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