Law: Civil Procedure Code (V of 1908)

Section: 13

Civil Procedure Code (V of 1908)--- ----O. IX, R. 13---Ex-parte ---Knowledge---Proof-plaintiff filed suit for recovery of gold ornaments which was decreed in his favour ex parte--- Petitioner-defendant sought setting aside of ex-parte and decree passed against her---Validity-defendant was well aware of institution as well as decree passed in suit but she did not intentionally appear in Court-defendant failed to substantiate allegation of fraud---Mere allegation not supported by any material would not invariably warrant inquiry or investigation---All such facts negated the claim/ground as written in application for setting aside ex parte orders---Plea raised by petitioner-defendant before High Court had no force-defendant did not point out any plausible ground due to which he was seeking setting aside of orders in question---Judgment and decree was passed after proper evaluating facts of case and keeping in view the settled law---High Court declined to set aside ex-parte and decree passed against petitioner-defendant as there was no infirmity, legal or factual---Revision was dismissed in circumstances. Dr. Muhammad Javaid Shafi v. Syed Rashid Arshad and others PLD 2015 SC 212 rel. ORDER MASUD ABID NAQVI, J.--- Brief facts necessary for the adjudication of this lis are that the petitioner/defendant filed an application under Order IX, Rule 13, C.P.C. for setting aside ex-parte judgment and decree dated 28.09.2015 on the ground that suit for recovery of gold ornaments filed by the respondent/ plaintiff titled Muhammad Usman Farooq v. Sadaf Younas was ex-parte decreed against the petitioner without her knowledge of filing/pendency of suit as she neither received any notice through process server or registered postal envelope or other mode nor received the proclamation in newspaper and only became aware of decree on 02.06.2016, during proceeding of execution petition, which was dismissed by the learned trial court vide order 22.06.2019 and the order was maintained/upheld by the learned appellate court through judgment dated 08.11.2019. Aggrieved by the order and judgment of learned courts below, the petitioner has filed instant petition and challenged both…

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