Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 12(2),2

Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2) ,  O.XXXVII R. 2--Ex-parte decree--Application for recalling of ex-parte decree--Suit for recovery--Dismissal of decree--Appearance of petitioner--Leave to defend was allowed--Absence of petitioner during proceedings of suit--Execution of decree--Challenge to--Trial Court has accepted application of petitioner/Defendant No. 1 for leave to defend, but failed to submit surety/Defendant No. 1 did not avail matter in leave which was granted by trial Court as he failed to furnish surety--Mere filing application, appeal within time does not ipso facto absolve petitioner to explain ten months delay--Party to suit must be vigilant--Indolent person must be suffered--There are no two opinions that this Court while exercising revisional jurisdiction is empowered to convert one proceeding to another--Petition was dismissed. [Pp. 92 ,  93] B, C, D ,  E Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXVII R. 4--Power of Court--Order XXXVII Rule 4 CPC confers power on Court to set aside decree under special circumstances and give leave to defendant to appear and defend suit. [P. 90] A PLD 1995 SC 362 ref. M/s. Manzoor Shah, Abdul Jabbar and Farah Farooq Kasi Advocates for Petitioner. Mr. Abdul Rashid Awan, Advocate for Respondents. Date of hearing: 8.4.2021. JUDGMENT The petitioners questioned ex-parte judgment and decree dated 2nd April, 2019 (impugned judgment and decree) passed by learned Additional District Judge-II, Quetta, whereby the suit was ex-parte decreed and order dated 20th August, 2020 (impugned order) passed by learned Additional District Judge-IX, Quetta (trial Court), where by the application filed by the petitioner under Section 12(2) CPC for recalling of ex-parte judgment and decree dated 2nd April, 2019 was dismissed. 2. Concise facts of the case are that the Respondent No. 1/ plaintiff filed a suit under Order XXXVII Rule 2 CPC for recovery of Rs. 14,70,000/- against the petitioner/Defendant No. 1 and Respondent/Defendant No. 2 before learned Additional District Judge-II, Quetta, in which the petitioner/Defendant No. 1 and Respondent/Defendant No. 2 appeared and filed separate…

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