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Civil Procedure Code (V of 1908)-0. IX, r. 13--Constitution of Pakistan (1973), Art. 199-Law Reforms Ordinance (XII of 1972), S. 3(2)-Ex pane decree, setting aside of-Alternate remedy under C. P. C. available to petitioner Constitution petition, held, not competent-Intra-Court appeal arising out of such incompetent constitutional petition, held, also incompetent. ORDER M. S. H.' QURESHI, J.-The petitioners had applied under Order IX, rule 13, C. P. C. on 12-11-1976 for setting aside an ex parte decree passed against them. on 11-10-1976 in a pre-emption suit. Petitioner Nos. 1 and 2, who are minors and had been sued without any guardian ad item having been appointed to defend them, challenged the decree through Writ Petition No. 2990 of 1976 and when the same . was admitted they withdrew their application made under Order IX, rule 13, C. P. C. The writ petition was accepted on 1-6-1977, in the result of which the ex parte decree passed against the minors was held to be without lawful authority and of .no legal effect. The respondents' I. C. A. having been dismissed for lack of maintainability, they moved a Civil Petition for Leave to Appeal but later they withdrew the same on 15-5-1979. Meanwhile they moved an application under section 151, C. P. C.. before the trial Court for revival of the suit. The petitioners objected to the application on the ground that in view of the High Court's decision, the civil Court. had no jurisdiction to proceed with the case. But the trial Court overruled to continue with the suit. The petitioners once again came co the 1-sigh Court in X' Petition No. 8124 of 1980 for a declaration that the suit was no longer maintainable and as such the proceeding should be quashed. The petition was dismissed upon the view that the High Court had in the earlier writ petition declared against the validity of the ex parse decree only as far 3s the minors were concerned, that it had not declared against the maintainability of the suit itself and that "the reduction of the ex parte decree to a nullity could not operate to wipe out the proceedings taken earlier in the suit". The petitioners, thereupon, filed Intra-Court Appeal No. 412 of 1981. 1 he…

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