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Civil Procedure Code (V of 1908)--- ----O.IX, R.6 & O. XVII, R.2---Failure of defendant to appear---Where summons was served on the defendant and defendant did not appear, O. IX, R. 6, C.P.C. would be attracted---If defendant appeared before the Court after having been served, but on subsequent date failed to appear, O.XVII, R.2, C.P.C. would be applicable---If defendant was proceeded against ex parte, he had a right to show to the court that sufficient cause existed for his non appearance---Order of court below whereby defendant was proceeded against ex parte and defence of defendant was struck off and order whereby application of defendant for setting aside ex parte proceedings, was dismissed, however was set aside by High Court, in exercise of its revisional powers, because ex parte decree was based on two erroneous orders. Province of Punjab v. Lt.-Gen. (Retd.) Wajid Ali Burki PLD 1990 SC 813; Messrs Rehman Weaving Factory Regd. Bahawalpur v. Industrial Development Bank of Pakistan and Messrs Rehman Weaving Factory Regd. Bahawalpur v. Punjab Small Industries Corporation Lahore PLD 1981 SC 21; National Bank of Pakistan v. The Additional District Judge Lahore PLD 1985 Lah. 327, Ch. Ismail Khalid v. Commissioner, Ex-Officio Courts of Wards 1984 CLC 304; Muhammad Afzal v. Small Business Corporation 1997 CLC 180; Secretary Education Department Government of N.-W.F.P. Peshawar v. Afsandiar Khan, 2008 SCMR 287; Shahid Hameed v. Muhammad Ahmad Ameen, 2006 SCMR 631 and Manager Jammu and Kashmir, State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678 rel. Ch. Mushtaq Hussain for Plaintiffs. Mian Ishtiaq Hussain, Tariq Mehmood Jehangiri and Barrister Masroor Shah with Ayub Tariq Addl. Director C.D.A. for Defendants. Date of hearing: 26th June, 2009. JUDGMENT MUHAMMAD MUNIR PERACHA, J.---This judgment shall dispose of C.Ms. Nos.432-S/09, 1216/08, 1220/08, 1543/08, 1260-S/09 and 1273-S/09. 2. Messrs Rai Farms and Messrs Barkat Ali and company filed a suit for declaration and mandatory injunction against M.G. Hertz (Pvt.) Ltd., M.G. Realtors, Asian Challenge International (Pvt.) Ltd., National Housing Authority and Capital Development Authority. The case…