Law:

Section:

(a) Civil Procedure Code (V of 1908)--- -----0. XLI, R.21---Application for rehearing of appeal decreed ex parte--­Essentials---Application for rehearing of appeal allowed ex parte could not be summarily rejected without holding of inquiry into question of due service of notice and also sufficiency of cause given for condoning default in appearance---Opportunity to applicant to. substantiate averments in his restoration application by evidence was a legal requirement. Ram Sukul Pathak and others v. Kesho Prasad Singh and others AIR 1918 Pat. 341 ref. (b) Limitation Act (IX of 1908)--- ----Art. 169---Application for rehearing of appeal on merits---Limitation---Article 169, Limitation Act, 1908, would be applicable for such application which prescribed period of thirty days---Terminus a quo was the date of decree in appeal or when notice of appeal was not duly served, when applicant had gained knowledge of decree---Question of limitation was thus, closely linked with and dependent upon related important question of due service of notice in appeal---Decision in question (ex parte decree in appeal) having been arrived at without investigation of disputed issues, such decision could not be upheld and allowed to be maintained---Ex parte decree in appeal was set aside and case was remanded for decision afresh on merits. JUDGMENT This is an appeal under Order XLIII, rule 1, clause (t) of Civil P.C. from the order of learned Additional District Judge, Faisalabad passed on 16-5-1985 by which an application for rehearing of an appeal decreed ex parte was dismissed. Broad outlines of the case in brief are:-- Manzoor Ahmad owned 8 Kanals of agricultural land, in square No.15 of Chak No.28/G.B., Tehsil Jaranwala of District Lyallpur. He gave it for cultivation to Muhammad Hussain and received a sum of Rs.1,100 from him. Later, he agreed for its sale to him for a sum of Rs.5,000 on 17-5-1974, and, received portions of the sale­ price in instalments. As the sale of the land did not take place, Muhammad Husain brought a suit for specific performance of agreement to sell in his favour. Suit was instituted, on 18-12-1974, in the Court of Civil Judge at Jaranwala. Initially, suit…

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