Law: Civil Procedure Code (V of 1908)

Section: 96

Law: Specific Relief Act, 1877

Section: 42,54

Civil Procedure Code (V of 1908)--- ----S.96---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Ex-parte decree---Appeal---Limitation---Condonation of delay---Sufficient cause---Defendant after filing written statement disappeared and was proceeded against ex-parte---Suit of plaintiff was decreed ex-parte against which appeal was dismissed being time-barred---Validity---Ex-parte order passed by the Trial Court was appealable within thirty days---Appellant did not prefer appeal against ex-parte order within time---Application for condonation of delay did not describe any plausible explanation and sufficient cause---Appellate Court had rightly dismissed the appeal being time barred---No illegality, infirmity or jurisdictional defect had been pointed out in the impugned passed by the Appellate Court---Revision was dismissed, in circumstances. Mehdi Hassan through Legal Heirs and others v. Punjab Co-operative Bank and others 2019 YLR 1 and Mubarak Masih v. Muhammad Yaqoob 2019 CLC 321 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.---- This petition is directed against the ex-parte order dated 23rd December, 2015 passed by the Senior Civil Judge-I, Quetta (hereinafter referred as "the trial Court") whereby the suit of respondent No.1 was decreed and judgment and decree dated 20th February, 2017 (hereinafter referred as "the impugned Order") passed by the learned Additional District Judge-II, Quetta (hereinafter referred as "the appellate Court") dismissed the appeal of petitioner. 2. Relevant facts for disposal of the instant Petition are that the respondent No.1/plaintiff filed a suit against the petitioner/defendant No.1 and another for declaration and permanent injunction with the averments that the defendant No.1 is the real father of plaintiff and co-owner and shareholder in the property situated at Mohal Chashma Habib, Mouza Habib, Tappa Saddar, Tehsil and District Quetta bearing Khasra Nos.696/695/625/184, measuring 10-1/4 pole 2781 sq.ft and constructed a plaza on the disputed property. However, on 6th December, 2013, the petitioner/defendant No.1 without prior permission of respondent No.1/plaintiff…

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