Law: Civil Procedure Code (V of 1908)

Section: 13 , 164 , 181

  Civil Procedure Code (V of 1908)--- ----0. IX, R.13---Limitation Act (IX of 1908), Arts. 164 & 181---Ex parte decree, setting aside of---Application for setting aside ex parte decree was filed about 7 months after passing of decree---Material on record indicated that defendants had been served and their service was found to be good by Additional Registrar of High Court---Defendants, in spite of having been served, neither appeared in application for grant of interim injunction filed by plaintiff nor did they file written statement as directed by Court---Defendants failed to appear and prosecute their defence even on adjourned dates---Court was left with no option but to decree plaintiff's suit---Application for setting aside ex parte decree was to have been filed within one month of grant of decree in terms of Art. 164, Limitation Act, 1908---Defendant's assertion that Art. 181 was applicable, was not warranted---Application for setting aside ex parte decree having been filed after 7 months of passing of decree, thus, was time-barred in terms of Art. 164, Limitation Act, 1908---Defendants failed to explain each day's delay in their belated application---Defendants' applications for setting aside ex parte decree being barred by time, were dismissed in circumstances. Messrs Rehman Weaving Factory (Regd.), Bahawalnagar v. Industrial Development Bank of Pakistan PLD 1981 SC 21; Jane Margrete William v. Abdul Hamid Mian 1994 SCMR 1555; Government of the Punjab through Secretary (Services), Services, General Administration and Information Department, Lahore and another's case PLD 1995 SC 396 and Muhammad Saleem and others v. Mukhtar Ahmad 1996 SCMR 596 ref. Ahmad Mian Soomro alongwith Ghulam Abbas Soomro for Plaintiff, Muhammad Qasim Mirjat, A.A.-G. for Defendants. ORDER Civil Miscellaneous Applications bearing Nos.4574 of 1996, 4575 of 1996, 4576 of 1996, 4577 of 1996, 4578 of 1996, 4579 of 1996; 4580 of 1996 and 4581 of 1996 are being disposed of by this common order as the parties, facts, circumstances and case-law are same and common. The plaintiffs filed the suits for declaration and permanent injunction against defendants Nos.l…