Law: Criminal Procedure Code (V of 1898)

Section: 47,13

Civil Procedure Code, 1908 (V of 1908)-- ----S. 47, O.IX R. 13--Application for setting aside ex-parte decree--Dismissed--Case was remanded in appeal--Dismissal of application after post remand proceedings--Dismissal of objection petition by appellants--No objection was raised regarding territorial jurisdiction at initial stage by appellants--Part payment of amount of decree by appellant--Challenge to--Appellants have not taken objection regarding territorial jurisdiction at initial stage, issues were framed in their presence, they neither objected nor filed any petition for framing issues regarding territorial jurisdiction--Ex-parte and decree was up held upto Hon’ble Supreme Court of Pakistan so after exhausting all remedies upto Apex Court of Country, filing of objection petition under CPC after about four years of passing of and decree by taking absolutely new plea, is not warranted under law--Judgment and decree dated has attained finality upto Hon’ble Supreme Court of Pakistan, no infirmity/ illegality in impugned order is found, Executing Court has rightly dismissed objection petition--Appeal dismissed. 2000 SCMR 1312 ref. JUDGMENT Through the instant First Appeal against Order (F.A.O), the appellants have impugned order dated 20.06.2018, passed by learned Civil Judge 1st Class, West-Islamabad, whereby objection petition under Section 47 of CPC, filed by the appellants was dismissed. 2. Brief facts of the case are that the respondent filed a suit for recovery of Rs. 1,10,00,000/- as damages for malicious prosecution against the appellants and one Zumrad Hussain before this Court in the year 2011. The appellants/defendants filed their written statement but after amendment in the law, pecuniary jurisdiction was changed, consequently case was transferred to the District Court, Islamabad. The suit filed by the respondent was decreed ex-parte vide judgment and decree dated 11.09.2014, by learned Civil Judge, West-Islamabad to the extent of Rs. 42,00,000/-. 3. The respondent/decree holder has filed an application for execution of said decree, the appellants filed an application under Order IX Rule 13, CPC for setting aside ex-parte judgment and decree dated…

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