Law: Civil Procedure Code (V of 1908)

Section:  O. IX, r. 13,  O. XXX, r. 4,  O. XXXVIII, r. 6

(a) Civil Procedure Code (V of 1908)  O. IX, r. 13-Ex parte decree, setting aside of-Refusal to set ,. aside ex parse decrees on basis of knowledge of proceedings on account of relationship with deceased, held, not justified in circum stances of case.-[Decree]. (b) Civil Procedure Code (V of 1908)  O. XXX, r. 4-Abatement-Partner dying during pendency of suit-Suit, held, does not abate and may be continued.-[Abate ment]. (c) Civil Procedure Code (V of 1908)  O. XXXVIII, r. 6-Attachment-Suit filed against firm Assets of firm could only be attached-Attachment of individual property not justified unless such individual shown to be partner in firm or had assets of firm in his land.-[Attachment]. Date of hearing : 2nd October, 1979.                                                                                                    JUDGMENT This order will dispose of Appeal No. F. A. O. 298 of 1978 and F. A. O. 55 of 1979 as both are inter-related for the reasons to be' shown in the judgment. 2. .The present appeal is directed against the order of Mr. Abdur Razzaq, Civil Judge, Lahore, dated 8th January, 1978 by which the application for setting aside exparte decree filed by the appellant had been dismissed. 3. The facts of the case are that on 25th January; 1977 a suit for the recovery of Its. 1,99,697.00 was filed by the respondent under the Fatal Accidents Act. 1855 for the death of her husband Ahmad Ali who died on 28th January, 1966 in an accident which had taken place on 25th January, 1966 on account of a pick-up van having collided with a rickshaw and damages were being claimed on account of the negligence of the owners of the pick-up van and the rickshaw driver. In the suit originally filed on the 25th of January; 1967, defendant No. 1 as shown in the plaint, was a firm with the following description :- "M/s. S. A. Rahman & Sons, G. T. Road, Post Office, Baghbanpura, Lahore. The cause of…