Law: Civil Procedure Code (V of 1908)

Section: 13,11

Law: Constitution of Pakistan, 1973

Section: 185(3)

  (a) Civil Procedure Code (V of 1908)--   ---O.IX, R.13 O.XXXII, R.11--Constitution of Pakistan (1973), Art.185(3)--Ex parte decree against minor defendants--Setting aside of--Sufficient cause, what is--Service effected through guardian ­mother, a Pardahnasheen lady who failed to appear--Effect--Leave to appeal granted to examine whether High Court was justified in dismissing in limine a first appeal against an order passed on appeal whereby the ex parte decree passed against defendant-respondents by Trial Court was set aside on the ground that there was sufficient reason to do so.   (b) Civil Procedure Code (V of 1908)--   ---O .IX, R .13 O . XXXII, R.11--Ex parte decree against minor defendants--Setting aside of--Sufficient reason for--Default of guardian--Consequence of--Proper service of summons upon minors/ ladies--Court custodian of interest of minors--Should ensure proper representation of minors--Suit for declaration--Decreed ex parte-­Application for setting aside ex parte decree failed--Plea that some of defendants were minors and had not been proceeded against through a guardian, not sustained--Decision reversed in appeal by District Judge, holding that there was no proper service, and that interest of lady and minors should have been meticulously safeguarded by Court--Plaintiffs appeal there against dismissed in limine--Order impugned--Minor respondents having been proceeded against through their guardian mother who defaulted in putting in appearance and Court being custodian of interest of minors, it has to be watchful whether a party discharges its duty or not--Agreeing with view taken by two Courts that this omission to ensure proper representation of minors was a material factor to be taken note of which considering application for setting aside ex parte decree, Supreme Court held that minors were neither properly served nor properly represented--It declined to interfere with concurrent finding of fact recorded by District Judge and upheld by High Court on factual aspect of the case holding further that Purdahnasheen ladies and minors being involved, service should have been got effected in a more inspiring manner than was…

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