Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. IX, R.13, SS. 12(2) & 151---Ex parte decree, setting aside of---Scope moved an application under S.151, C.P.C. read with other enabling provisions of law for setting aside ex parte and decree which was dismissed on merits---Applicant had moved revision petition with similar prayer alleging that impugned and decree had been obtained by playing fraud---Various remedies were available to the aggrieved person where suit was decreed ex parte---Petiitonere in the present case had exhausted the remedy by filing an application under O.IX, R.13, C.P.C. read with othe renabling provisions---Applicant on the same ground could not be permitted to re-agitate the same issue by means of application under S.12(2), C.P.C.---Provisions of S.12(2), C.P.C. were not intended to be a duplication of the proceedings provided under O.IX, R.13, C.P.C.---Revision was dismissed in circumstances. Ghulam Sarwar v. Muhammad Hassain and others 1987 SCMR 1440 and Mrs. Amna Bibi through General Attorney v. Nasrullah and others 2000 SCMR 296 rel. (b) Civil Procedure Code (V of 1908)--- ----Ss. 96, 114 & 12(2) & O.XLVII, R.1 & O.IX, R.13---Ex parte decree, remedieis against---Scope---Remedies against ex parte decree were applications under O.IX, R.13 & S.114 read with O.XLVII, C.P.C.---Appeal under S.96 and application under S.12(2), C.P.C. against an ex parte and decree could be filed on the grounds that it was obtained by fraud, misrepresentation and want of jurisdiction etc. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.- This revision petition is directed against the judgment dated 7.5.2009 passed by the learned Senior Civil Judge, Peshawar whereby the application filed by the petitioner under section 12(2) C.P.C. was dismissed. 2. The facts of this case are simple; that the respondent/decree-holder filed an application against the petitioner/judgment-debtor under section 20 of the Arbitration Act, 1940, on 28.7.1998. After service of summons, the respondent/judgment-debtor put his appearance joined the proceedings through a Special Government Pleader, whereafter, the respondent/decree-holder did not appear before the court and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492