Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. IX, R.13---Limitation Act (IX of 1908), S.5---Constitution of Pakistan, Art.185(3)---Applications for setting aside of ex parte decree and condonation of delay---'Sufficient cause'---Courts on the basis of proper appraisal of evidence on the record had categorically concluded that 'sufficient cause' had not been proved/established by the petitioners both for the setting aside of the ex parte decree and for the condonation of delay---Reasons given in that behalf were cogent and supported by the record---No error of fact or law was found in the decisions arising out of the proceeding from the applications calling for interference---Petition for leave to appeal was dismissed. (b) Civil Procedure Code (V of 1908)--- ----O. IX, R.13---Limitation Act (IX of 1908), S.5---Applications for setting aside of ex parte decree and condonation of delay---'Sufficient cause'---When two simultaneous remedies against an ex parte decree were available and open to a party, and consciously, deliberately and overtly one is availed by abandoning the other, whereafter on account of the failure to achieve the desired result in such availed remedy on the merits, the time spent in pursuing that matter cannot be considered as a 'sufficient cause' for the condonation of delay in the other remedy, such as an appeal---Time spent in the proceedings under Order IX, Rule 13, C.P.C. for the setting aside of the ex parte decree cannot be condoned under S.5 of the Limitation Act, 1908 as the same does not constitute 'sufficient cause' within the purview of the section. Jotiba Limbaji Kanashenavar v. Ramappa Jotiba Kanashenavar AIR 1938 Bombay 459; Rajendra Nath Kanrar v. Kamal Krishna Kundu Chowdhury AIR 1932 Calcutta 558 and Kunwar Jaqdish Kumar Singh v. L. Harikishen Das (AIR (29)1942 Oudh 362 ref. (c) Civil Procedure Code (V of 1908)--- ----O. IX, R.13 & S.96---Limitation Act (IX of 1908), Ss.5 & 14---Applications for setting aside of ex parte decree and condonation of delay---Exclusion of time---Two remedies against an ex parte decree to the aggrieved party, one under S.96 of C.P.C. and the other by application under O.IX, R.13, C.P.C. are…

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