Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.13,8,12,2,O.XVII,R.2,O.XLI,r.4,33 ,S.151,115

Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.13,8,12,2,O.XVII,R.2,O.XLI,r.4,33 ,S.151,115

Law: Supreme Court Rules, 1980

Section: O.XXXIII,r.5

Law: Constitution of Pakistan, 1973

Section: 199,203,184(3),187

Civil Procedure Code (V of 1908)-------O.IX, R. 13 & S. 115---Constitution of Pakistan, Arts. 199 & 203---Application for setting aside of ex parte decree---Service of plaintiff in such application through proclamation in newspaper---Non-appearance of plaintiff and non-availability of concerned Civil Judge on relevant date---Application by defendant to District Judge for placing application for setting aside ex parte decree before Senior Civil Judge for passing thereon appropriate orders due to absence of plaintiff---Order of District Judge referring application for setting aside ex parte decree to Senior Civil Judge for its immediate disposal while dispensing with issuance of notice to plaintiff due to her service through previous proclamation in newspaper---Order of Senior Civil Judge allowing application for setting aside ex parte decree and consigning file to Record Room---Constitutional petition under Arts. 199 & 203 of the Constitution by plaintiff after gaining knowledge of impugned orders and in alternative to treat same as revision petition---Validity---While accepting defendant's application without issuing its notice to plaintiff, Senior Civil Judge had only bypassed relevant provisions of law, but had been misled by previous proclamation in newspaper for appearance of plaintiff in court of Civil Judge---Senior Civil Judge had erred in law by consigning file to Record Rood instead of restoring original suit and putting same for trial afresh---Impugned orders of Courts below being against law on subject could be struck down even in constitutional petition---Revision petition on its face was barred by time --Question of limitation or any alike technicality would never be a hurdle in exercise of suo motu powers by High Court under S. 115, C.P.C., while doing justice and undoing such illegal, unlawful and orders which were without jurisdiction---High Court converted constitutional petition into revision petition and set aside impugned orders with direction to Senior Civil Judge to decide application for setting aside ex parte decree afresh after appearance of parties. Sadaqat Ali Khan through L.Rs. and others v. Land Acquisition Collector,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492