Law: Civil Procedure Code (V of 1908)

Section: 47

(a) East Pakistan Conciliation Courts Rules, 1962, r.17(2) Restoration of case-Conciliation Court competent to restore a suit to file and to vacate its own decree or order for sufficient cause shown. An ex parte decree passed by the Conciliation Court was subsequently set aside by it on coming to conclusion that the subject-matter of dispute was not within its jurisdiction. It was contended that the Conciliation Court had no power to set aside its own decree. Held : Having regard to the provisions of sub-rule (2) of rule 17 of the East Pakistan Conciliation Courts Rules, 1962 it is obvious that the Conciliation Court did have power to restore a suit to file and to vacate its own decree or order if sufficient cause is shown for the same. (b) East Pakistan Conciliation Courts Rules, 1962, r. 17(2) Limitation-Ten days time to make application for restoration of ex parte case-To be reckoned from date when party concerned comes to know of ex parte order. It is obvious that sub-rule (2) of rule 17 of East Pakistan Conciliation Courts Rules, 1962 provides for securing relief in a case where an order is passed to the prejudice of a party who is unaware of the passing of such order. The sub-rule is in the nature of a remedial provision and is designed to secure redress to an uninformed party. There is no assurance that such a party will come to know about the proceed ing or a prejudicial order within a certain fixed period of time. It may as well be that such a party may only come to know of such prejudicial order when process for execution is taken against him by way of attachment and other measures. It is obvious therefore, that the intention of framing such a rule was to require such a party to come-as expeditiously as possible before the Court, so that finality in such litigation can be arrived at expeditiously. A party, however, may succeed in knowing such an order within the 10th day of the date of the order. It is obvious therefore that the period of 10 days should therefore be reckoned from the date when the party came to know of such an order. Allahdino v. Fakir Mohammad P L D 1969 S C 582 rel. (c) Civil Procedure Code (V of 1908), S. 47-Execution of decree…