Law: Civil Procedure Code (V of 1908)

Section: 13

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 18th December 1969, in Letters Patent Appeal No. 293 of 1967). Civil Procedure Code (P of 1908), O. IX, r. 13-Ex parte decree, setting aside of-Order of High Court setting aside ex parte decree for arriving at correct decision on merits-High Court's discretion, held, did not merit interference-Petition for Special Leave to Appeal dismissed by Supreme Court. Date of hearing : 10th April 1970. JUDGMENT SAJJAD AHMAD, J.-This petition for Special leave to appeal arises out of an application made by the petitioners under section 7 of the West Pakistan Waqf Properties Ordinance XXI of 1959, before the District Judge, Lahore, for a declaration that the property in dispute known as "Takia Sain Bulaqi Shah" situated at No. 1, Qutab Road, Lahore, belonged to them and that the Notification No. 3 (179)-Auqaf-60 dated the 29th of August 1960, whereby its administration, control and management was assumed by the respondent, the Chief Administrator of Auqaf, West Pakistan, was without lawful authority. The defendant, the Chief Administrator of Auqaf, contested the application, pleading that the property was waqf property and further that it had been declared as such by an earlier judgment dated the 10th of May 1959, in a former suit under section 92 of the Code of the Civil Procedure. The District Judge framed an issue whether the property in suit was not a waqf property. The petitioners led their evidence and examined six witnesses on the 14th of April 1962, in the absence of the defendant respondent and the case was then adjourned to the 23rd of June 1962. On this date again, the defendant respondent was not represented and the matter was adjourned to the 29th of September 1962. On this date the defendant again defaulted in appearance and was proceeded against ex parte. The petitioner examined five more witnesses and closed his evidence. On the next date of the hearing, i.e., the 20th of October 1962, the respondent made an application for setting aside the ex parte order which was partly allowed for the cross-examination of petitioner Muhammad Aslam who had been…