Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.IX,R.13

Law: Constitution of Pakistan, 1973

Section: 199

Law: Limitation Act, 1908

Section: 5,164,181

(a) Civil Procedure Code (V of 1908)--- ----O. IX, R. 13---Limitation Act (IX of 1908), Art. 164 & S. 5---Suit for declaration and permanent injunction---Ex parte decree, setting aside of---Limitation---Condonation of delay---Provisions of Art.164, Limitation Act, 1908---Applicability---Scope---Defendants submitted their written statement but thereafter absented themselves from the Court and ex parte decree was passed---Application for setting aside of ex parte decree was accepted by the Trial Court but Revisional Court dismissed the same---Validity---Once defendant appeared before the Court, joined the proceedings and thereafter disappeared in consequence thereof an ex parte decree was passed against him then provisions of Art. 164 of Limitation Act, 1908 would be applicable---Ex parte decree was passed on 15-06-2010 whereas application for setting aside of the same was moved on 15.11.2010---Application for setting aside of ex parte decree was barred by five months in circumstances---Petitioners had not submitted any application for condonation of delay under S. 5 of Limitation Act, 1908---Period of limitation for setting aside of ex parte decree was thirty days---Petition for setting aside of an ex parte decree was time barred which was rightly dismissed by the Revisional Court---High Court declined to interfere in the findings rendered by the Revisional Court in its discretionary and equitable jurisdiction under Art. 199 of the Constitution---Constitutional petition was dismissed in circumstances. Messrs Rehman Weaving Factory (REGD), Bahawalangar v. Industrial Development Bank of Pakistan PLD 1981 SC 21 distinguished. Honda Atlas Cars (Pvt.) Limited v. Honda Sarhad (Pvt.) Limited and others 2005 SCMR 609; Shahzad Pervez alias Shahzad Hameed v. Muhammad Ahmad Ameen 2006 SCMR 631 and Secretary Education Department Government of NWFP, Peshawar v. Asfandar Yar Khan 2008 SCMR 287 rel. (b) Limitation Act (IX of 1908)--- ----Art. 164---Ex parte decree, setting aside of---Limitation---Period of limitation for setting aside of ex parte decree was thirty days. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- The petitioners through instant petition…

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