| Citation(s) |
|---|
| 2018 SLG 2295 2018 SLD 2295 2018 PLJ 846 |
Lahore High Court
C.R. No. 51833 of 2017, heard on 13.04.2018.
AMIN-UD-DIN KHAN, JUSTICE
Mr. Tariq Masood, Advocate for Petitioners. Mr. Khurram Abbas Jafri, Advocate for
Respondent.
C.R. No. 51833 of 2017, heard on 13.04.2018.
AMIN-UD-DIN KHAN, JUSTICE
Mr. Tariq Masood, Advocate for Petitioners. Mr. Khurram Abbas Jafri, Advocate for
Respondent.
MST. TAHIRA BATOOL AND ANOTHER
VS
IRSHAD HUSSAIN
Law:
Section:
Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), O. IX R. 13--Suit for declaration and recovery of possession--Decreed--Application for setting aside exparte proceedings--Dismissed--Appeal--Dismissed--Challenge to--I have noticed that both learned Courts below had not granted opportunity to petitioners to substantiate their version pleaded in application for setting aside ex-parte proceedings as well as and decree after framing issues or at least affording an opportunity to submit medical certificates--Further, application was supported by affidavit of applicants which was to be accepted by Court--If Court was of view that affidavit was not considerable, applicants must have been afforded an opportunity to substantiate their case pleaded in application--In this view of matter, while accepting this Civil Revision and setting aside ex-parte proceedings initiated through order dated 15.06.2010, ex-parte and decree dated 20.04.2011 passed by learned Civil Judge 1st Class, Lahore as well as order of dismissal of application passed on 03.06.2015 by learned trial Court and order dated 04.07.2017 regarding dismissal of appeal are set aside--Civil revision was accepted. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE---.--- Through this Civil Revision, petitioners who are successors of defendant-judgment debtor have challenged the judgment dated 04.07.2017 passed by a learned Additional District Judge, Lahore whereby the appeal filed by the petitioner was dismissed and the judgment/order dated 03.06.2015 handed down by a learned Civil Judge, Lahore whereby an application under Order IX Rule 13 of the, CPC for setting aside the ex-parte proceedings and judgment & decree was dismissed. 2. I have heard learned counsel for the parties at length. Some of the facts of the case as well as report of local commission have been referred to but after hearing learned counsel for the parties, I am of the view that the facts-in-issue between the parties need not to be noted and discussed here so that it may not prejudice the case of any of the parties. 3. As per case pleaded by the petitioners, their father appeared in the suit for…
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