Law: Civil Procedure Code (V of 1908)

Section: 7

Law: Limitation Act, 1908

Section: 181

Law: Constitution of Pakistan, 1973

Section: 10-A

Civil Procedure Code (V of 1908)--- ----O. IX, R. 7---Limitation Act (IX of 1908), Art. 181---Constitution of Pakistan, Art. 10-A---Ex-parte order against the defendants---Failure to file written statement within time---Application under O.IX, R. 7, C.P.C., by the defendant filing of---Limitation---Right to fair trial---Defendants were proceeded ex-parte and debarred from filing their written statement by the Civil Court---Defendants filed an application under O. IX, R.7 of Civil Procedure Code, 1908, seeking to set aside ex-parte / debarring order---Said application was dismissed by the Civil Court and the Revisional Court maintained the dismissal order--- Grounds against the petitioners / defendants were that they failed to file their written statement within time prescribed by law and the very application for setting aside of ex-parte order was time barred---Validity---Admittedly, the suit was still pending before the Trial Court; the valuable rights of the petitioners were said to be involved in the subject litigation, therefore, in such a situation, it would be unjustified to dislodge them from the active contest on basis of technicalities, which obviously was against the mandate contained in Art. 10-A of the Constitution, which prescribed right to fair trial for everyone---If the petitioners were permitted to file written statement then it would not only meet the ends of justice but would help the Trial Court to arrive at the right conclusion---Even otherwise, no time had been prescribed either in Civil Procedure Code or Limitation Act, 1908 for setting aside of the ex-parte order, therefore, the same was to be governed by Art. 181 of Limitation Act, 1908, which prescribes period of three years for filing such application when the right to apply occurs---High Court set-aside the impugned order; consequently, the petitioners were permitted to file their written statement in the suit before the Trial Court within 30 days, after making payment of Rs.10,000/- to the plaintiff as costs---Constitutional petition was disposed of accordingly. Wali Muhammad v. Hakeem Muhammad Khan and others 1993 MLD 1101 ref. ORDER ARBAB ALI HAKRO, J.---The facts in brief…

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