Law: Civil Procedure Code (V of 1908)

Section: 12(2),115

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---No element of fraud existed---Ex parte decree, setting aside of---Procedure---Trial Court without framing of issues and recording evidence allowed application for setting aside of ex-parte decree observing that there was no element of fraud---Validity---Trial Court had set aside the impugned ex-parte decree in a slipshod and cursory manner without recording pro and contra evidence of the parties despite having controversial and disputed questions---Court was expected to pass order after applying its mind in a judicious manner and not to act mechanically in order to non-suit the parties without any just, fair and reasonable cause---Recording of evidence was not necessary in every case under S.12(2), C.P.C., however, where facts and circumstances of a case required recording of evidence qua factual aspects, then the parties should be provided opportunity to examine witnesses and produce documentary evidence---Impugned order was passed in haste without adhering to the settled principles of law---Matter was remanded to the Trial Court with the direction to record evidence of the parties and decide the same afresh after affording opportunity of hearing to the parties in accordance with law---Revision was allowed, in circumstances. Muhammad Nawaz Khan's case 2002 SCMR 2003 and Muhammad Altaf v. District Judge and 3 others 2016 YLR 1191 rel. (b) Administration of justice--- ----Court was expected to pass order after applying its mind in a judicious manner and not to act mechanically in order to non-suit the parties. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- The instant revision petition under section 115, C.P.C. is directed against the judgment and order passed by the learned District Judge, Mansehra dated 27.03.2009, whereby, petition No.78/6 of 2008 filed under section 12(2), C.P.C., was allowed. 2. Brief facts of the present revision petition as averred therein are that predecessor of respondent No.2 Badi-uz-Zaman obtained a loan of Rs.20,000/- from HBFC, Mansehra (respondent No.3) and in lieu thereof, he mortgaged his property bearing Khasra No.2348 measuring 1 Kanal situated in Mauza…

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