Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--Azad Jammu and Kashmir Interim Constitution, (VIII of 1974), Art. 42(10)--Application for setting aside ex-parte decree during execution proceedings--Rejected--Issuance of notices to appellants by lower Court--Appearance in Court proceedings--Ex-parte proceedings--Summons were duly served--Time-barred--Challenge to--Appellants appeared before the-Court, they participated in proceedings they were well--aware of entire proceedings of reference--During their appearance before trial Court they were proceeded ex-parte twice--It is settled principle of law that law helps vigilant and not those who remain indolent in protection of their rights by sleeping over infringement of same or safeguarding them within Court of law--Courts are bound by law and law does not require Courts in administration of justice to make distinction between an ordinary litigant and Government functionaries--No special treatment can be given--Appeal dismissed.    [P. 65] A, B, C ,  D 2015 SCR 1501 ref. JUDGMENT Raza Ali Khan, J.--This appeal, by leave of the Court, has been filed against the judgment of the High Court of Azad Jammu and Kashmir, dated 19.09.2019, whereby, the appeal filed by the appellants, herein, has been dismissed. 2. The brief facts of the case are that the Collector Land Acquisition acquired the land of the respondents, herein, situated in the estate of Dhani Shahdara, Tehsil and District Hattian Bala, for the construction of refugee camp, Niali, vide Award No. 40/10, dated 18.01.2011. The compensation of the said land was determined as Rs. 2,80,000/- per kanalalongwith 15% compulsory acquisition charges. Feeling aggrieved from the said award the land-owners filed a reference before the learned Reference Judge Hattian Bala, on 26.02.2011, stating therein, that the price of the land has not been assessed according to the market value prevailing at the time of acquisition. On filing of the reference, the appellants, herein, were summoned who appeared in response of summoning process but later on absented themselves, therefore, the ex-parte proceedings were initiated against them. The learned Reference…

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