Law: Civil Procedure Code (V of 1908)

Section: 69,151,XXXVII,1,2,4

Civil Procedure Code (V of 1908)-------Ss.96, 151 & O.XXXVII, Rr.1, 2 & 4---Stay of execution proceedings--Negligence of party and his counsel---Effect---Non-appearance of party and failure to obtain leave to defend in a recovery suit---Effect---Upon receiving of notice of recovery suit while in jail appellant filed application for leave to defend through his counsel---Application was dismissed for non-prosecution and suit was decreed ex parte---Upon initiating of auction proceedings in execution proceedings, appellant filed application for stay of execution proceedings through his attorney taking plea of his unawareness of the proceedings and attributed the delinquency to his counsel---Validity---Appellant despite having knowledge of the suit did not pursue the matter diligently, consequently his leave to defend application, though filed under wrong provision, was dismissed for non-prosecution---Appellant never inquired about the case (suit) from his erstwhile counsel and further after coming to know about the negligent conduct of his counsel, he took no action against him---Parties are bound by the acts and omissions of their counsel and in case of any negligence on the part of the counsel, the parties cannot claim that they are not to be held responsible---When a matter is dismissed or any adverse order is passed, valuable rights accrue in favour of the other side which cannot be taken away unless a justifiable, strong or sufficient cause is shown---When a defendant fails to appear or obtain a leave to appear and defend in response to a summons served through Form No.IV, provided in Appendix 'B' to C.P.C., or where the court refuses to grant leave, the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree and in such an event, the court shall pass a decree in favour of the plaintiff against the defendant---Appeal was dismissed in limine, in circumstances.Muhammad Sharif Khan and 4 others v. Board of Revenue, West Pakistan, Lahore 1970 SCMR 76; Khalid Saigal v. National Investment Trust Ltd and 2 others 1984 CLC 182; Zahid Ahmed v. Deputy Director Adjudication and 2 others PLD 2006 Kar. 252; Zulfiqar…