Law: Civil Procedure Code (V of 1908)

Section: 6 , 13 , 1 , 96 , 100 , 115

  Civil Procedure Code (V of 1908)--- ----O.IX, Rr. 6 and 13 OXLVII, R.1 & S.96---Ex parte decree---Remedies-- Defendant entitled to seek remedy against ex parte decree by moving application for setting aside such decree or by preferring appeal from the decree or by seeking review or by instituting suit on ground of fraud---All such remedies were concurrently open to defendant---Defendant preferring appeal against ex parte decree when same was beyond time, was required to show sufficient cause for condonation of delay. PLJ 1981 Azad J&K 131; PLD 1975 Azad J&K 114; PLD 1983 Azad J&K 3;1986 CLC 263; PLD 1969 Lah. 1039; PLD 1975 Lah. 707; PLD 1964 SC 97; PLD 1970 Lah. 6; PLD 1989 SC (AJ&K) 561; 1978 SCMR 367; PLD 1967 Azad J&K 47; PLD 1966 Lah. 542; PLD 1966 BJ 14; PLD 1971 Lah. 332; PLD 1984 SC (AJ&K) 51; PLD 1984 SC (AJ&K) 104 and PLD 1983 SC (AJ & K) 25 ref Limitation Act (IX of 1908)-- ----S.5---Civil Procedure Code (V of 1908) S.96---Time-barred appeal-- Condonation of delay---Formal application under S.5, Limitation Act, 1908, would be necessary for condonation of delay---In exceptional circumstances, when no formal application was moved but delay was sought to be condoned for reasons described in memorandum of appeal, such explanation amounting to sufficient cause for purposes of condonation of delay could be considered-- Object of rules of procedure. The rules of procedure were primarily framed to advance the cause of justice. Strict adherence to the requirement of formal application was not necessary when the omission to formally move, according to such rules, was not mala fide or deliberate. Thus, when no formal application under section 5, Limitation Act, 19088 was moved but in the memorandum of appeal, it was well explained as to how the appeal was presented beyond time, it was permissible to look into such circumstances. In case the   Court was satisfied. from the circumstances described in the memorandum of appeal that such circumstances constituted sufficient cause, Court was empowered to condone the delay in suitable cases. Civil Procedure Code (V of 1908)---- ----O.IX, R.6---Limitation Act (IX of…