Law:

Section:

(a) Civil Procedure Code (V of 1908)------O. IX, R. 13---Limitation Act (IX of 1908), Art. 164---Appreciation for setting aside of ex parte decree---Limitation---Passing of order of ex parte proceedings on 8-11-2008 and ex parte decree on 2-3-2009---Appearance of defendant in execution proceedings on 30-10-2009 and filing of such application on 23-11-2009---Defendant's plea was that he for the first time came to know about decree on 30-10-2009; and that he was not served with summons in the suit---Dismissal of such application by Trial Court for not showing cogent reason for such default and not explaining delay therein---Validity---Trial Court had proceeded ex parte against defendant after issuing him notice for first time and holding that he was served, but had not effected upon him substituted service---Trial Court was required to issue substituted service against defendant in best interest of justice---Trial Court had dismissed such application without giving chance to defendant to lead evidence in support of his pleas---Trial Court had passed ex parte decree without discussing evidence on record and looking into the matter that whether suit without impleading--Government as party was maintainable, and whether a valid decree could be passed on basis of assertions made in plaint---Negligence of defendant in filing such application was apparent---Valuable rights of defendant were involved in suit---Inadequacy of sufficient cause should not stand in way of justice on merits---Objective of courts would be to do full and substantial justice in cause after allowing due opportunity of hearing to parties---Cases should be decided on merits and technical knock out be resorted to sparingly---High Court set aside impugned order and ex parte decree on payment of cost of Rs. 5,000 and directed Trial Court to allow defendant to proceed with trial of suit. Hamidullah Khan and another v. Ch. Muhammad Jameel and others 2003 SCMR 995 and Provincial Government through Collector, Kohat and another v. Shabbir Hussain PLD 2005 SC 337 rel. (b) Administration of justice--- ----Objective of courts would be to do full and substantial justice in cause after allowing due opportunity…

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