Law: West Pakistan Family Courts Act, 1964

Section: 5 , 14

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched. and S.14---Dismissal of appeal---Restoration---Appeal against order of Trial Court was dismissed as appellant failed to appear on date fixed for hearing appeal---Appellant had been chronic defaulter and was not contesting litigation in right earnest---Appellate  Court  was  justified  in  dismissing  appeal  in default---Non-appearance of appellant before Trial Court as well as before Appellate Court, could not be viewed with countenance in a matrimonial case where respondent lady had pleaded non-payment of maintenance and also hatred towards appellant in suit against him. Manager, Jammu and Kashmir State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678 ref. Malik Allah Yar Khan for Petitioner. Date of hearing; 26th January, 1993. ORDER The petitioner is aggrieved against order dated 9-6-1992 of the Additional District Judge, Lahore rejecting his application for restoration of appeal dismissed in default on 23-4-1992. Relevant facts for the disposal of this petition are that respondent Msl Fazal Mai filed a suit on 25-4-1988 for the dissolution of marriage on various grounds including non-payment of maintenance which was decreed ex parte on 5-12-1989 by the Judge Family Court, Lahore but thereafter on 14-1-1990 an application was filed for setting aside this decree and the following issues were framed:-- Whether the petition is within time? Whether there are sufficient grounds to set aside ex parte decree dated 5-12-1989?   Relief. By his order dated 9th March, 1992, learned Civil Judge rejected the application after having decided all the issues and he was mainly influenced by the fact that the petitioner was appearing in the Court but suddenly absented himself without any lawful excuse and then did not reappear. The petitioner filed an appeal against the aforesaid order and it appears that the same was…