Law: Civil Procedure Code (V of 1908)

Section: 13

Civil Procedure Code (V of 1908)--- ----O.IX, R.13---Setting aside ex parte decree---Ex parte decree would be set aside where defendant could satisfy Court that he was prevented by sufficient cause from appearing at relevant time---Defendant having satisfactorily proved absence of his counsel at relevant time and date, plaintiff in rebuttal had not denied factual aspect of defendant's plea but had contended that plea of defendant was liable to fail on account of his omission to provide any explanation with regard to the absence of his second counsel---There being un-refuted explanation for absence on account of one of counsel being away and his presence in Court on that date would have also independently averted any adverse situation, thus, satisfactory explanation of his absence should also have led to same result---Explaining of the absence of second counsel would, thus, have been a mere superfluity, so far as net result was concerned---Ex parte decree was thus, rightly recalled by Court below. Sahibzada Rashid Masood Gangohi for Petitioners. M. Saleem Akhtar for Respondent. Date of hearing: 10th November, 1991. JUDGMENT This revision petition has been maintained by plaintiffs against  judgment  dated  8-6-1980  whereby  a  learned   Additional District Judge accepted appeal of the respondent against trial Court's rejection of his application under Order IX, rule 13 of the C.P.C. and set aside the ex parte decree dated 18-11-1978 passed by the Trial Court against him. Reasons therefore set out in para. 5 of the appellate judgment are that whereas the defendant had filed an affidavit in support of his plea for setting aside of ex parte decree, the plaintiffs had not filed any affidavit to controvert his averment regarding absence out of station in discharge of official duty, on 18-11-1978 and that in their written reply they had not even specifically denied that fact which stood established by a certificate produced by him from his department and his Advocate had also furnished his affidavit that he was busy at Kasur on the said date. While finding that sufficient cause existed for default in appearance before the…