Law: Civil Procedure Code (V of 1908)

Section: 4

(a) Interpretation of statutes--- ----General and special law---Principle---Where there is a special provision and general provision for some action to be taken, then the special provision prevails over the general. (b) Civil Procedure Code (V of 1908)--- ----O.XXXVII, R.4---Limitation Act (IX of 1908), Arts.164 181---Ex parte decree, setting aside of---Limitation---Petitioner/defendant sought setting aside of ex parte and decree passed by Trial Court against him---Trial Court set aside the application for the reason that it was barred by limitation---Validity---Trial Court erroneously applied provision of Art.164 of Limitation Act, 1908, in holding that application filed by petitioner / defendant was barred by limitation--- Application in essence was one under O.XXXVII, R.4, C.P.C. and Trial Court had to see whether special circumstances existed for setting aside ex parte and decree---Limitation period for such application was provided in Art.181 of Sched.-I to Limitation Act, 1908---High Court set aside order passed by Trial Court and remanded the matter for decision afresh---Constitutional petition was allowed accordingly. Shahnawaz v. Adwise (Pvt.) Limited through Chief Executive 2003 YLR 2724; Naseer Ahmad v. Muhammad Mushtaq 2006 MLD 1936; Tahir A. Khan v. Messrs United Air Travels Ltd. and others 2004 YLR 416; Shahid Pervaiz Alias Shahid Hameed v. Muhammad Ahmad Ameen 2006 SCMR 631 and Habib Bank Limited v. Mussarat Ali Khan PLD 1987 Kar. 86 rel. JUDGMENT: AAMER FAROOQ, JUSTICE:---.--- Respondent No.1 filed a suit for recovery in the sum of Rs.1,200,000/- against the petitioner under Order XXXVII Code of Civil Procedure, 1908 (C.P.C.) on the basis of cheque allegedly issued by the petitioner to respondent No.1 drawn on Meezan Bank, T-10 Markaz Branch, Islamabad. 2. The petitioner did not enter appearance in the suit, hence the same was decided ex parte vide judgment and decree dated 02.02.2019. 3. Two applications were filed by the petitioner, one to set aside ex parte judgment and decree dated 02.02.2019 on 30.05.2019 and the second for leave to appear and defend the suit on the same date i.e. 30.05.2019. Both the applications were dismissed by the…

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