Law:

Section:

Through this revision petition an order passed by Sub-Judge Muzaffarabad on 12 -6-1989 has been called in question.   The facts leading to this revision petition are that non-petitioners plaintiffs brought a suit for declaration and perpetual injunction besides the petitioner, against one Maqsood Ahmed in the Court of Sub-Judge Muzaffarabad on 21-7-1987. Notices were issued for appearance to the petitioners-defendants and Maqsood Ahmed, co-defendant in the suit. Maqsood Ahmed appeared in the Court on 15-12-1987 and sought an adjournment for filing the written statement. He filed the same on 18-2-1988. Up to that date, due service was not effected on the present petitioner. However, he appeared on 25-5-1988 and was directed to file his written statement on 8-6-1988.   On 8-6-1988, the present petitioner, who was defendant No.2 in the original suit, filed objections for the vacation of the stay order but failed to submit his written statement on this date. He was given another opportunity by the Court to file his written statement on 22-6-1988. On this date he absented himself with the result that ex parte proceedings were ordered against him and the date for framing issues in the suit was fixed as 28-7-1988. But on that date the issues were to be framed. The date was extended to 7th September, 1988 for striking issues. On 7-9-1988 the learned Sub-Judge was on leave as such the date for striking issues was extended to 20-10-1988. On 7-9-1988 the present petitioner moved an application for recalling the order dated 22-6-1988 before the trial Court. On this application objections were invited from the other side which were submitted after inordinate delay on 16-5-1989. As serious objections were raised on behalf of the plaintiff-non-petitioner as such the learned Sub-.fudge heard arguments on 21-5-1989 and finally order assailed in the present revision was pasted on 12-6-1989. The learned Counsel for the petitioner in support of the present revision petition raised the following points:-   (a) That ex parte order was passed on 22-6-1988, when the petitioner-defendant was required to file his written statement. According to learned Counsel, the ex…