Law: Civil Procedure Code (V of 1908)

Section: 13,24-A

Civil Procedure Code (V of 1908)--- ----O.IX, R.13 S.24-A---High Court (Lahore) Rules and Orders, Vol.I, Chap. XIII, Para. 6---Setting aside ex parte proceedings---Record to be sent immediately to the Court to which case is transferred---Scopes/defendants assailed the concurrent dismissal of their application under O.IX, R.13, C.P.C.---Held; it was not only usual but mandatory to issue notice to the parties to impart them information that the case had been transferred from one court to another and in the absence of such notice, the defaulting party could well plead lack of knowledge that in which court he had to appear---Case diary maintained by the Trial Court reflected that the defendants were diligently pursuing the case for nearly two years, who only on one occasion had failed to appear, but the Trial Court in haste proceeded against them ex parte without realizing that the defendants throughout had been assiduously following the suit proceedings, thus might have adjourned the case---In doing so, nothing terrible would have happened because valuable rights of the parties were involved---Law favoured adjudication of case on merits as far as possible---Revision petition was allowed, in circumstances and the application for setting aside ex parte proceedings was accepted. Nemat Ali and others v. Mst. Bakhtawar and others 1995 MLD 484 rel. JUDGMENT CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE.----- Although the complete facts of the case in hand are detailed in impugned concurrent orders, however, to streamline in short, on 24.04.2001, respondents Nos.1 and 2 instituted declaratory suit against the lady defendants/petitioners along with others to challenge oral exchange mutation No.207 dated 19.06.1993 as well as subsequent orders passed by Member, BoR and Deputy Commissioner concerned, which was hotly contested by the petitioners, the beneficiaries of impugned mutation and orders referred hereinabove. Consequent upon divergent pleadings of the parties, issues were settled on 16.06.2004 and the plaintiffs were invited to examine evidence, but on two occasions, it was not produced. Subsequently the Judicial Officer seized of the lis was transferred without any…

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