Law: Civil Procedure Code (V of 1908)

Section: O. IX, r.6

Civil Procedure Code (V of 1908), O. IX, r.6-Ex parte order-of--Respondent praying for vacation of ex parte order passed in his absence, stating that he was present la Court on fixed date but was informed by Reader of Court that Chairman of Court was under transfer and therefore gave him some subsequent date for appearance-Respondent, in circumstances, allowed oppor tunity of defence and ex parte order vacated.                                                                                                 ORDER KHUDA BAHHSH A. KAZI (CHAIRMAN).-On 3rd May 1972 the above-named applicant filed an application under section 34 of the ordinance against me above-named respondents in this Court. Reply statement was filed on behalf of the respondents on. 30th May 1972. -The matter was adjourned to 12th June 1972, for affidavit of the applicant. On the said date the applicant filed his affidavit and the matter was put down to 12th July 1972 for cross-examination. On that date due to curfew imposed in the city the case was adjourned to 4th August 1972. On the said date the case diary shows that the applicant was present with his Representative Mr. F. M. Azad. Respondent was shown absent. The Court directed that notwithstanding the default of the respon dent the case would proceed. Then the case was adjourned to 28th August 1972 for argument. It was against the aforesaid order dated 4th August 1972 the present application has been filed on behalf of the respondents wherein it Is prayed that the order of ex parte arguments be set: aside and the matter be heard and decided on merks. This, application is supported by an affidavit of Mr. Syed Zamirul Hasan, Industrial Relations Advisor and Labour Laws Consul, cant to the respondents. In the said affidavit the deponent contends that he was present in the Court on 4th August 1972 at 9.00 a.m. and waited till 10-30 a.m. Neither the applicant nor his Representative, were present at that time. As…