Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.IX, Rr.6 & 13, & O.XXXVII, Rr.2 & 4---Ex parte decree, setting aside of---Principle---Decree passed in suit instituted under the provisions of O. XXXVII, R. 2, C.P.C., on any grounds mentioned therein, cannot be treated like decree passed ex parte in ordinary suit in pursuance of O. IX, R. 6, C.P.C. and such decree cannot be set aside in the manner, mode or grounds envisaged under general provisions contained in O. IX, R. 13, C.P.C.---Decree passed under O. XXXVII, R. 2, C.P.C. can only be set aside under O. XXXVII, R. 4, C.P.C. National Bank of Pakistan v. Tradewell (Pakistan) Corporation and 2 others 1991 CLC 1243 rel. (b) Civil Procedure Code (V of 1908)--- ----O.XXXVII, Rr.2, 4, O.XLIII, Ss.104 & 151---Decree, setting aside of---Principle---Convertion of proceedings---Trial Court granted leave to defend the suit on condition of furnishing indemnity bonds---Defendants applied for permission to send the bonds to court of their home district for verification of bonds, as guarantors hailed from there---Case was fixed for hearing on that application, when defendants made default in their appearance and case was decreed against defendants---Validity---Default of defendants on the date fixed for hearing on miscellaneous application could not be treated as "default" within the meaning of O. XXXVII, R. 2, C.P.C.---No appeal was provided under the provisions contained in S. 104 or O. XLIII, C.P.C. against order rejecting an application preferred under O.XXXVII, R. 4, C.P.C.---High Court, in exercise of its inherent jurisdiction under section 151 C.P.C., converted appeal into revision, set aside decree and and remanded the case to Trial Court for decision afresh---Revision was allowed accordingly. Haji Ali Khan and Company, Abbottabad v. Messrs Allied Bank of Pakistan, Limited Abbottabad PLD 1995 SC 362 and Habib Bank Ltd. v. Mussarat Ali Khan PLD 1987 Kar. 86 ref. (c) Civil Procedure Code (V of 1908)--- ----O.XXXVII, R.4---Limitation Act (IX of 1908), Art. 181---Decree, setting aside of---Limitation---Scope---No period of limitation has been provided under any provision of Limitation Act, 1908, for…

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