Law: Family Courts Act, 1964

Section: 9(6)

Law: Family Courts Rules, 1965

Section: 13

Law: Constitution of Pakistan, 1973

Section: 189

Family Courts Act (XXXV of 1964)--- ----S. 9(6)---Family Courts Rules, 1965, R. 13---Constitution of Pakistan, Art. 189---Ex-parte judgement and decree setting aside of---Limitation---Mentioning wrong address of defendant---Effect assailed orders of courts below whereby his application for setting aside ex-parte and decree was dismissed---Validity---Held; courts below while deciding the matter had mainly hinged upon the fact that since the petitioner was in knowledge of ex-parte and decree, his application for setting the same was barred by law of limitation---Period of 30 days to assail the ex-parte and decree passed by a Family Court, contained in R.13 of Family Courts Rules, 1965, had been declared ultra vires by the Supreme Court in 1988 SCMR 747---Verdict of Supreme Court, deciding a question of law had binding force upon all organs of the State and while violating the same courts below had committed grave illegality had not rebutted that chak (village) number of petitioner was wrongly mentioned in the plaint---Reason provided by the petitioner for setting aside ex-parte and decree was fully justified---Constitutional petition was accepted and the trial court was directed to decide the application for setting aside ex-parte and decree afresh. Maj. Matloob Ali Khan v. Additional District Judge, East Karachi and another 1988 SCMR 747 rel. ORDER SHUJAAT ALI KHAN, JUSTICE:---.--- Unnecessary details apart, respondents Nos.3 to 6 filed a composite suit for recovery of maintenance and dowry articles, worth Rs.13,68,000/- which was decreed by the learned Judge Family Court, Pakpattan (the learned Trial Court) vide ex-parte judgment and decree, dated 09.12.2013. Upon knowledge of the ex-parte judgment and decree, the petitioner filed an application for setting aside thereof which was dismissed by the learned Trial Court through order, dated 20.04.2016, against which he filed an appeal but without any success as the same was dismissed by the learned Additional District Judge, Pakpattan Sharif (the learned Appellate Court) through judgment, dated 22.12.2016; hence this petition. 2. Learned counsel for the petitioner contends that according to CNIC of the petitioner,…

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