Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.IX, R.13---Constitution of Pakistan (1973), Art.199---Ex parte decree, setting aside of---Pending appeal filed by defendant against ex parte decree passed by Trial Court in favour of plaintiff and against defendant; plaintiff through Constitutional petition had challenged action of defendant whereby matter was pending adjudication in appeal---Petition filed by plaintiff/petitioner was not maintainable being pre-mature---Petitioner could raise all points taken by him in Constitutional petition before Appellate Court where matter was pending adjudication. Petitioner in person. ORDER The petitioner has filed this Constitutional petition making grievance that Muhammad Siddique respondent in a clandestine manner without bringing the true facts of the case into the notice of Mr. Muhammad Shafique Bhatti, learned Civil Judge, Faisalabad, succeeded in securing an illegal order by which ex parte decree dated 15-3-1984 was set aside by the order of the learned Civil Judge on 29-1-1986. It is the petitioner's case that this order was challenged in the High Court and the same was set at naught. Thereafter he approached the learned Civil Court at Faisalabad and Mr. Muhammad Yousuf Aujla, learned…

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