Law: Payment of Wages Act, 1936

Section: 17

Law: Constitution of Pakistan, 1973

Section: 199 , 17

 (a)   Civil Procedure Code (V of 1908)-

-- O. IX, r. 7-Ex pane order, setting aside of-Parties bound down for appearance before Authority under Payment of Wages Act-Petitioner not only not appearing on that date but also absent on numerous subsequent dates-Matter adjourned at instance of petitioner's counsel for last chance, but none appeared on adjourned date and as such ex parte order passed against petitioner-Petitioner filing application for setting aside ex parte order attributing non-appearance due to fault of clerk in noting wrong date in diary-Authority considering cause for nonappearance not sufficient and dismissing such application-Contention that application for setting aside ex parte order was not legally disposed of as reasons shown for non-appearance were not allowed to substantiate, held, has no force-Simply because evidence was not allowed to produce would not render order void-Fair opportunity depends upon facts of each case and in absence of prejudice remains a question of procedure and not of jurisdictionConstitution of Pakistan (1973), Art. 199.