Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3;-Limitation Act (IX of 1908), Art. 164-Leave to appeal granted to examine whether time had begun to run under Art. 164, Limitation Act, 1908 from mere knowledge, of appellant that ex parte decree had been passed against him. (b) Limitation Act (IX of 1908) S. 164-Ex parte decree-"Knowledge"-Appellant in cross-examination stating that he in last days of month (when ex parte decree was passed against him) be became aware that "fake ex parte decree had been passed against him"-Held, appellant cannot say that he was not aware of necessary particulars of decree for filing application for setting aside same or for filing appeal against that, in circumstances. Kadar Nath Singh v. Kesri Mull and others A I R 1937 Pat. 17 ; Ma:ik Muhammad Nazir v. Mian Abdur Rahim and another P L D 1968 Lah. 792 ; Sohan Lal v. Poonam Chand A I R 1961 Raj. 32 and Messrs Rehman Weaving Factory v. Industrial Development Bank of Pakistan P L D 1981 S C 21 ref. (c) Limitation Act (IX of 1908) -- Art. 164-Ex pane decree-Knowledge-Claim based on documentary evidence-.Appellant stating that about a month earlier to passing of ex parte decree against him he came to Court of Additional Civil Judge M -in connection with same very case and was told "that it will be sent for trial to a Civil Judge at S"-Appellant, held, burdened with knowledge about nature of suit. (d) Limitation Act (IX of 1908)-. -- S. 164-Ex parte decree-Party aware of claim in suit affirmatively has knowledge regarding basis of that suit. (e) Limitation Act (IX of 1908) -- S. 164-Ex parte decree-Contention that hearing of case being not first hearing and same being adjourned hearing for' appearance before another Court that requires fresh factual enquiry-Such point having not been raised at leave granting. stage-Supreme Court not feeling necessity of examining question whether it fell within rule laid down in PLD 1981SC21. JUDGMENT MUHAMMAD AFZAL ZULLAII, J.-This appeal through special leave of this Court arises out of an ex parte money decree passed against the appellant Asim Khan who having died his legal representatives are on record. The leave to appeal was granted in the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492