Law: Civil Procedure Code (V of 1908)

Section: 96,IX,13

(a)    Civil Procedure Code (V of 1908)-------S.96---Regular First Appeal---Maintainability---Objection as to competency of appellant---Power of attorney/Wakalatnama executed by the appellant before proceeding abroad---Validity---Appellant had given 'wakalatnama' to his counsel/brother, which showed that the counsel had been duly authorized by appellant to contest the suit on his behalf before the Trial Court and also to file appeal, revision and other ancillary matters, arising out of the suit, thus, appeal had competently been filed and objection raised by the respondent-University over the maintainability of the appeal was overruled being misconceived.(b)    Civil Procedure Code (V of 1908)-------O.IX, R.13---Suit for recovery of damages---Application for setting aside ex-parte order---Execution of bond between the appellant and respondentUniversity for foreign higher studies on scholarship---Breach of terms and conditions of bond---Filing of suit for recovery of damages---Disappearance of counsel/brother of appellant from the proceedings of the suit---Passing of exparte order/decree twice---First application for setting aside ex-parte order was accepted, however, the second one was dismissed---Validity---Appellant was living abroad and instead, his counsel/brother was pursuing the recovery suit on his behalf---Appellant was twicely placed ex-parte, however, first order was set aside on his request by the Trial Court and subsequently, when he once again absented himself from the proceedings, he was proceeded against ex-parte and finally after recording of evidence of the respondent-University, ex-parte decree was passed---Contents of the application qua setting aside the ex-parte decree showed that the same were flimsy, bald and unsubstantiated---It was the duty of the appellant to have satisfied the court qua his non-appearance and diligence in pursuing his case by forwarding reasonable and justifiable grounds for his absence, however, he failed to do so, thus, the Trial Court had rightly dismissed the application of the appellant for setting aside the ex-parte decree passed against him for recovery of…

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