Law: Civil Procedure Code (V of 1908)

Section: 13

Law: Limitation Act, 1908

Section: 164

Civil Procedure Code (V of 1908)--- ----O.IX, R.13---Limitation Act (IX of 1908), Art.164---Ex-parte decree---Setting aside of---Limitation---Petitioner / defendant was proceeded ex-parte and suit filed by respondent / plaintiff was decreed---Trial Court and Lower Appellate Court declined to set aside ex-parte decree---Validity---Petitioner / defendant was duly served with summons to which he responded and not only joined proceedings before Trial Court but also filed his written statement---Petitioner / defendant continued to participate in trial until he failed to attend the hearing and as a consequence of which order of ex-parte proceedings was passed and case was fixed for hearing---Trial Court proceeded to pass ex-parte and decree after recording evidence of respondent / plaintiff---High Court decline to interfere in the matter as petitioner / defendant failed to make out any case against concurrent findings of two Courts below---Revision was dismissed in circumstances. Messrs Rehman Weaving Factory (Regd.) Bahawalnagar v. Industrial Development Bank of Pakistan PLD 1981 SC 21; Mst. Sardar Begum and others v. Mst. Chiragh Bibi 1989 CLC 825; Muhammad Hussain and 2 others v. Mst. Zarina Akbar and 6 others 2017 CLC 1426; Mst. Tameezan and others v. Muhammad Sharif 2021 CLC 25; Muhammad Nawaz through L.Rs v. Haji Muhammad Baran Khan through LRs and others 2013 SCMR 1300; Honda Atlas Cars (Pakistan) Ltd v. Honda Sarhad (Pvt.) Ltd. and others 2005 SCMR 609; Secretary Education Department, Government of N.W.F.P., Peshawar and others v. Asfandiar Khan 2008 SCMR 287 and Shahid Pervaiz alias Shahid Hameed v. Muhammad Ahmad Ameen 2006 SCMR 631 ref. JUDGMENT SULTAN TANVIR AHMAD, J.----Through the present Civil Revision, filed under section 115 of the Code of Civil Procedure, 1908 (the Code), revision-petitioner has assailed the judgment dated 28.01.2015 whereby, the learned appellate Court has upheld order dated 28.11.2013 passed by the learned trial Court, refusing to set-aside the ex-parte judgment and decree dated 07.12.2009 passed against the revision-petitioner. 2. Facts, necessary for disposal of present revision petition, are that respondent filed suit dated…

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