Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.IX, Rr.6 & 13---Ex parte decree, setting aside of---On date fixed for recording of further evidence from side of plaintiff, application was submitted on behalf of plaintiff for adjournment on ground of sickness of his counsel--­On application of plaintiff, his side was closed and matter was adjourned for evidence of defendant---Application of plaintiff for re-opening his side remained undisposed of---Side of defendant was also closed on adjourned date of hearing because no appearance was made from his side on that date which was fixed for recording his evidence---Application of defendant for re-opening his side was allowed by Court without adverting to undisposed of application of plaintiff earlier filed by him for re-opening his side---Two applications of parties for re-opening their closed side, involved similar difficulties from either side and common ground that their respective Advocates were unable to appear and represent them due to certain reasons, applied to both parties--­Sole reason which weighed with Court in re-opening side of defendant, namely that matter should be decided on merits rather than in absence of parties and their evidence, equally applied to non-representation of plaintiff---Trial Court in taking up application of defendant alone and in not even adverting to corresponding and earlier application from side of plaintiff, had erred and in doing so had refused to exercise jurisdiction conferred on him in an adequate manner. JUDGMENT This Revision Application is directed against the order dated 23-12-1989 passed by the learned IInd Senior Civil Judge, Karachi Central, whereby the said learned Judge allowed the respondent's application under Order IX, rule 13, C.P.C. recalling his order dated 2-9-1989 whereunder the side of the defendant-respondent had been closed in Suit No.124 of 1988. Upon facts, the suit was initially fixed on 2-8-1989 for recording of further evidence from the side of the plaintiff-applicant. However, an application was submitted on behalf of the plaintiff-applicant for adjournment on the ground of sickness of his learned Advocate. This application was disposed of by the…

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