Law:

Section:

(a) Civil Procedure Code (V of 1908)---.--- ---.----O. IX, R. 13 & O. I, R. 10---.---Limitation Act (IX of 1908), Arts.181 & 164---.---Constitution of Pakistan, Art.199---.---Constitutional petition---.---Ex parte decree, setting aside of---.---Limitation---.---Void order---.---Effect---.---Suit was fixed for arguments on the application under O.I, R.10, C. P. C---.---Applicants-defendants did not appear and Trial Court initiated ex parte proceedings against them and passed ex parte decree---.---Application moved for setting aside of ex parte decree was dismissed being time-barred---.---Validity---.---Applicants-defendants joined the proceedings and submitted their written statement---.---Provision of Art.181 instead of Art.164 of Limitation Act, 1908 would attract in the present case---.---Period for filing application for setting aside of ex parte and decree was three years---.---Trial Court had failed to appreciate law on the subject properly---.---Application for setting aside of ex parte and decree was within time---.---Application filed under O.I, R.10, C.P.C. was fixed for arguments when ex parte proceedings were initiated against the applicants-defendants---.---Trial Court ought to have proceeded and decided the said application in absence of applicants rather to initiate ex parte proceedings against them in the suit---.---Said order for initiation of ex parte proceedings and subsequent ex parte and decree could not be said to be legal one rather it was without jurisdiction and void---.---When order was illegal and had been passed in violation of law then High Court had powers to rectify the same while exercising its constitutional jurisdiction---.---When initial order was void and against the mandatory provision of law, then subsequent superstructure could not stand---.---High Court had power to rectify such jurisdictional error---.---Impugned orders passed by the Courts below were declared illegal and void as well as without jurisdiction and were set aside---.---Case was remanded to the Trial Court with the direction to decide application under O.I, R.10, C.P.C. on merits---.---Constitutional petition was allowed accordingly. Water and Power…

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