Law: Civil Procedure Code (V of 1908)

Section: IX,6

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)----O. IX, R.6---Ex-parte proceedings, joining of--- Petitioner / defendants were proceeded ex-parte and Trial Court and Lower Appellate Court declined to set aside the orders--- Validity--- In absence of any clear provision in the C.P.C. prohibiting the appearance and participating in proceedings by petitioners / defendantswho were proceeded ex-parte, there was no legal bar to allow them to defend their rights--- It is the right of every defendant and also a principle of natural justice, to give a chance of hearing before any order is passed against his interest--- Suit was pending before Trial Court and valuable rights of petitioners / defendants were involved in subject litigation--- It would be unjustified to dislodge petitioners / defendants from active contest on the basis of technicalities--- High Court set aside the orders passed by two Courts below as the same were illegal and without lawful authority--- High Court in exercise of Constitutional jurisdiction allowed application of petitioners / defendants and ex-parte proceedings were set aside--- Constitutional petition was allowed accordingly.Messrs Rehman Weaving Factory (Regd.), Bahawalnagar v. Industrial Development Bank of Pakistan PLD 1981 SC 21 and Muhammad Ramzan v. Malik Rehmat Ullah and others 2014 MLD 451 ref.Police Department through Deputy Inspector-General of Police and another v. Javid Israr and 7 others 1992 SCMR 1009 and Muhammad Yousuf Bhindi and others v. Messrs A.G.E. & Sons (Pvt.) Ltd. and others PLD 2024 SC 864 and Rana Karamat v. Farhan Haider and 6 others 2024 CLC 563 rel.Date of hearing: 13th November, 2024.JUDGMENTMUHAMMAD SAJID MEHMOOD SETHI, J.---This writ petition is directed against the order dated 22.07.2024 and judgment dated 05.09.2024, passed by learned Civil Judge and Additional District Judge, Samundri, respectively, whereby applications for setting aside ex parte proceedings dated 22.11.2023, filed by petitioners Nos.1 to 3 and petitioner No.4, respectively, were concurrently dismissed.2.    Brief facts of the case are that respondent No.3 filed suit for recovery of damages amounting to Rs.20,000,000/- (Rupees…