Law:

Section:

Sindh Chief Court Rules (O.S.)--- --------Rr.128, 129 & 130---Civil Procedure Code (V of 1908), Ss.12(2), 151 & O.IX, R.13---Law Reforms Ordinance (XII of 1972), S.3---High Court appeal---Suit for recovery of money---Ex parte decree, setting aside of---Restoration of suit---Limitation---Plaintiff was aggrieved of setting aside of ex parte and decree passed against defendant---Validity---If plaintiff had brought fresh suit for recovery of money against defendant after a period of four and half years, the same would have been hopelessly barred by limitation---Plaintiff opted for getting the suit restored by High Court office through a time barred restoration application, to which plaintiff was otherwise not entitled under the law---High Court office by restoring the suit to its original file after lapse of four and a half years and that also without notice to defendant, seriously prejudiced vested rights accrued to defendant on account of dismissal of the suit and striking off the plaint under R.128 of Sindh Chief Court Rules (O.S.)---Notice of restoration application, which was hopelessly time barred, was never served upon defendant and ex parte and decree in the suit was passed behind the back of defendant---Defendant was not afforded an equal opportunity with that of plaintiff to defend the suit---Judge in Chambers of High Court had rightly allowed application of defendant under S.12(2), C.P.C. read with O.IX, R.13, C.P.C. and S.151 C.P.C., setting aside ex parte and decree passed against defendant--- Division Bench of High Court declined to interfere in order passed by Judge in Chambers of High Court, whereby ex parte decree passed against defendant was set aside---High Court appeal was dismissed in circumstances. Imtiaz Ahmed v. Ghulam Ali PLD 1963 SC 382 rel. THIS ORDER PASSED BY: SYED SAEEDUDDIN NASIR, JUSTICE:------------------ This High Court Appeal is directed against order dated 26.03.2014, passed by the learned Single Judge of this Court in Suit No. 459 of 1997 filed by the appellants, allowing the application under Section 12(2), C.P.C. read with Order IX, Rule 13 and Section 151, C.P.C. setting aside the judgment dated 24.10.2007, and decree…

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