Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.2,O.IX,R.7

Civil Procedure Code (V of 1908)--- ----O. VII, R.2 & O.IX, R.7---Suit for recovery of arrears of utility bills and rent due---Deliberate avoidence contest proceedings by defendant---Abuse of law---Defendant did not appear after service of notices through all modes including publication and suit was dismissed ex parte---Defendant filed application for setting aside of ex parte order on the ground that the plaintiff had given his wrong address---Said application was dismissed and no appeal was filed there against, the ex parte order thus attained finality---Defendant, after ten months, filed application under O.IX, R.7, C.P.C., for setting aside of ex parte order with contention that he was not residing at the address provided by plaintiff---Said application was also dismissed, however, appeal there against was allowed and ex parte order was set aside with the direction to the Trial Court to provide equal opportunities to the parties---Defendant, even avoided the proceeding of revision before the High Court---Held, defendant deliberately did not contest the proceedings to avoid payment of dues of the plaintiff company---Conduct of defendant was abuse of law which could not be allowed---Order of appellate court was set aside. THIS JUDGMENT DELIVERED BY: MRS. KAUSAR SULTANA HUSSAIN, JUSTICE:---.--- This Civil Revision Application under Section 115 C.P.C. assails judgment and decree dated 12.08.2011 and 02.12.2011 respectively, passed by the learned III rd Additional Sessions Judge Malir, Karachi, whereby Civil Appeal No. 15 of 2009, filed by the respondent was allowed and Judgment and Decree passed in Civil Suit No. 07 of 2005 filed by applicant for recovery of Rs. 145,569/- was set aside and suit was remanded to learned trial Court with the direction to provide equal opportunity to the parties. 2. A short factual background of the case is that the respondent Major (Rtd.) Gulzar Hussain approached to the applicant M/S. Pak Steel Mills Corporation and requested for a residential accommodation, therefore, on 01.03.1997, on his request a house bearing No. L-12/2, situated in Steel Town was allotted to him on payment of monthly rent, in which respondent resided up…

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