Law: Civil Procedure Code (V of 1908)

Section: S.6,O.VII,IX,R.10,3,33

Law: Limitation Act, 1908

Section: 5,14,156

Law: West Pakistan Civil Courts Ordinance (II of 1962)

Section: 18

(a) Civil Procedure Code (V of 1908)--- ----O. IX, R. 13----Application for setting aside of ex parte decree--- Defendant's plea that he was not served with summons, whereupon his signatures were fake; and that he cane to know about the decree dated 27-9-2006 four days before filing of such application on 23-11-2006---Validity---Plaintiff had filed two suits against defendant, one for recovery of earnest money and other on basis of pro note-Record showed that defendant had been served in both such cases on same time and date by same Process Server after obtaining his signatures thereon---Report of Process Server was supported by duly sworn affidavits---Defendant had not denied receipt of summons in pro note suit---Process server could not be believed to have obtained defendant's signatures onone summons and affixed forged signatures of defendant on other summons for unknown reason---Defendant while cross-examining plaintiff in pro note suit had put him positive suggestion that his other case (present suit) was pending against defendant in Civil Court--Defendant had been personally served and he had intentionally avoided appearance in court to delay decision of case---Defendant was not entitled to any leniency---Appli cation for setting aside ex parte decree was dismissed in circumstances. Muhammad Ramzan v. Afridi Variety Center PLD 2005 Pesh. 269; Rahmatullah v. Colonel (R) Muhammad Latif Khan 2005 YLR 3278; Zulfiqar v. Muhammad Jan 2002 CLC 932; Government of N.-W.F.P. v. Messrs Hussain Mir and Company 2010 CLC 295; Sarwar Khan v. Ali Bad Shah and 42 others 2004 YLR 2359; Muhammad Asghar and others v. Qamar Din PLD 2005 Lah. 240; Saifullah and 2 others v. Mst. Kausar Parveen 2006 YLR 526 and Ahmad Khan v. Haji Muhammad Qasim and others 2002 SCMR 664 distinguished. (b) West Pakistan Civil Courts Ordinance (II of 1962)--- ----S. 18---Civil Procedure Code (V of 1908), O. XLI, R. 33---Civil Judge, decree of---Forum of appeal, determination of--Forum of appeal would be determined according to value of suit mentioned in plaint and not according to subject matter awarded in decree by Civil Court---Appeal being continuation of suit, Appellate Court could amend and…

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