Law:

Section:

Civil Procedure Code (V of 1908) O.IX, R.13 Constitution of Pakistan (1973), Art. 185 Setting aside ex parte decree Defendant's application for setting aside ex parte decree was dismissed by all the Courts below including the High Court Ground stated for rejection of such application was that defendant's counsel as also their "Perokar" were marked present and on their request dates for filing of written statement were given but ultimately both of them did not appear on the crucial date nor they filed written statement Plaintiffs' counsel, however, admitted that neither counsel's name nor "Perokar's" name appeared in the order sheet nor any power of attorney was placed on the file Evidence was also lacking of the fact with regard to personal service of defendant Petition for leave to appeal was converted into appeal and case was remanded to Trial Court for decision on merits. ORDER FAZAL ILAHI KHAN, J. This is a petition for leave to appeal against the judgment of Lahore High Court, Lahore dated 15 6 1994; whereby Civil Revision Petition No. 629 of 1992, against the order of dismissal of petitioner's application for setting aside the ex parte decree dated 27 10 1988 passed by the trial Court and affirmed by the appellate Court, was maintained. Admittedly two suits of the same nature were filed by the respondent against the petitioner in the trial Court in which summons were issued to the petitioner for 28 2 1988. It is recorded in the Order Sheet of the suit in question dated 28 2 1988 that counsel for the parties were present and a copy of the plaint delivered to the learned counsel and that the case was adjourned as requested, for filing of written statement and Wakalatnama. On the date fixed again the case was adjourned at the request of the learned counsel to 24 4 1988, On that date 'Per9kar' was present on behalf of the petitioner and on his request the case was again adjourned to 24 5 1988. The presence of the learned counsel for the parties is recorded on 24 5 1988 and the case is adjourned to 5 6 1988. On the said date i.e. 5 6 1988 nobody was present from petitioner's side and thereafter some ex parte evidence was recorded and the suit was decreed on 27…

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