| Citation(s) |
|---|
| 1989 SLG 644 1989 SLD 644 1989 SCMR 597 1989 SLD 1200 1989 SCMR 597 |
Supreme Court of Pakistan
Civil Petition Nn 1106 of 1983. decided on 13-09-1988
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
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Civil Petition Nn 1106 of 1983. decided on 13-09-1988
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
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Mst. NOOR JEHAN
VS
Mst. RAZIA alias RAJJO
Law: Constitution of Pakistan, 1973
Section: 185(3)
Constitution of Pakistan (1973)--Art.185(3)--Plaintiff's suit having been decreed ex parte, defendant's application for setting aside the same was dismissed as time-barred as also her appeal and revision--Orders of dismissal impugned--Held, even if it be assumed that it was a fit case for examination of question whether petitioner/defendants' application for setting aside ex parte decree was time-barred, it would still not be a fit case for grant of leave to appeal--Neither non-appearance before Trial Court had been sufficiently explained nor there was any reason to deny the relief claimed by respondent/plaintiff which was allowed to her by Trial Court--Leave to appeal was, therefore, refused. Raja Muhammad Akram, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 13th September, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal has been filed by a defendant in a money suit, against the dismissal by the High Court of her Civil Revision. The respondent's suit was decreed ex parte. The petitioner's application for setting aside of the ex parte decree was dismissed as time-barred. Her appeal and Civil Revision having failed, she has now sought leave to appeal.…
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