Law:

Section:

(a) Administration of justice--- ----Law favours adjudication of lis after providing opportunity of hearing to both the parties and no one should be condemned unheard. (b) Civil Procedure Code (V of 1908)--- ----O. IX, Rr.6 & 7---Ex parte order---Defendants were declined to join proceedings---No personal service of defendants effected by the Trial Court and they were placed ex parte on publication of notice in newspaper---Defendants were not given chance to be heard by producing evidence in order to prove their stance regarding reasons for their non-appearance---Plaintiff had not produced evidence to substantiate proper service---Defendants had moved application for setting aside ex parte proceedings when the case was still in progress before the Trial Court---Pending ex parte proceedings the defendants could join the proceedings after assigning the reasons and rights involved in the case---Trial Court erred in rejecting the application of defendants without recording pro and contra evidence regarding their service and evaluating their claim of ownership over the suit property---Case was remanded to Trial Court. Gulzada v. Jamil Khan 2002 CLC 1907 rel. (c) Civil Procedure Code (V of 1908)--- ----O. IX, Rr.6 & 7---Ex parte order, setting aside of---Limitation---No period of limitation was prescribed for setting aside ex parte order---Period of limitation, however, had been prescribed for setting aside the ex parte "decree"---Trial Court was wrong in dismissing defendant's application for setting aside ex parte order on the ground that same had been submitted at a belated stage. Hashim Khan v. National Bank of Pakistan 1992 SCMR 707 rel. JUDGMENT KHALID MAHMOOD, J.---Mehmood Hussain Shah and others petitioners through Civil Revision No.2/12 whereas Mst. Pervaizi Bibi and others through Civil Revision No.87/12 have challenged the judgment and decree dated 22-10-2011, whereby Additional District Judge-III, Abbottabad modified the judgment and decree passed by Civil Judge-I Havelian dated 23-11-2010. 2. Mst. Pervaizi Bibi and others petitioners in Civil Revision No.87/12 have a suit for declaration, permanent injunction and possession regarding property…

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