Law: Civil Procedure Code (V of 1908)

Section: 13

Civil Procedure Code (V of 1908)--- ----O.IX, R. 13---Ex parte decree---Setting aside of ---Estoppel---Plaintiff in whose favour ex parte decree was passed, agreed to setting aside of such decree on payment of heavy costs by defendant against whom ex parte decree was passed---Defendant agreed and paid costs demanded by plaintiff and plaintiff received same and gave receipt of that amount to defendant---Court with consent of parties set aside ex parte decree accordingly---Plaintiff/ex parte decree-holder after receiving costs demanded by him for setting aside ex parte decree from judgment-debtor was precluded from repeating his objection for setting aside ex parte decree. Allah Wasaya Malik for Petitioner. S.M. Tayyab for Respondents Nos. 2 and 3. Date of hearing: 28th September, 1992. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question the judgment dated 15-4-1990 passed by the learned Additional District Judge, Faisalabad, whereby he dismissed the revision petition filed by the petitioner against order dated 2-7-1988 allowing an application for setting aside the decree dated 17-1-1982. Briefly, the facts are that the petitioner instituted a suit for declaration against respondent No.l with regard to Shop No. P/34/B.2 Sammundri City. The suit was decreed ex parte by the learned Civil Judge, Sammundri, vide his order dated 17-1-1982. Respondent No.l filed an application for setting aside of the same on 5-10-1985, which was accepted by the trial Court vide order dated 2-7-1988. Being aggrieved with the aforesaid order, the petitioner filed a revision petition, which was dismissed by the learned Additional District Judge, Faisalabad vide order dated 15-4-1990, as the learned counsel appearing on behalf of the petitioner before the   learned Additional District Judge agreed to the setting aside of the ex parte decree on payment of costs. The relevant portion of the order reads thus:-- "The learned counsel for the parties have agreed that the nominal costs were awarded to the petitioner/plaintiff by the learned trial Court and that the respondent was ready to pay costs of Rs.2,000 to the…