Law: Pakistan Penal Code, 1860

Section: 447

Law: Limitation Act, 1908

Section: 5

SUMMARY

Where while allowing application for setting aside ex parte decree, the courts below were conscious that application for condonation of delay was also filed along with said application but no order was expressly passed on the same, it would be deemed that delay had been impliedly condoned.

The petitioners, legal heirs of Muhammad Ramzan, challenged the orders of the Civil Judge and Additional District Judge, Shujabad, which set aside an ex parte decree passed against Kousar Mai (respondent).