Law:

Section:

Civil Procedure Code (V of 1908)-------0. IX, R. 13---Limitation Act (IX of 1908), S. 5---Setting aside ex parte decree---Application for condonation of delay---Application for condonation of delay disclosed no date when defendant came to know about ex parte and decree---Affidavit filed in support of said application did not state any ground for condonation of delay in filing application for recalling ex parte decree---Material on record established that defendant was fully aware of the pendency of suit---Defendant's objection that service effected through District Judge `R' was not proper and same should have been effected through District Judge `I' was misconceived and service of defendant was in accordance with law---Defendant's letters addressed to official of the Court during pendency of suit fully established that it was aware of the proceedings in suit---Factum of non-cooperation of Standing Counsel and Deputy Attorney-General of that time could not be pleaded for non-filing of written statement for they being functionaries of the defendant (Government) ground of their non-cooperation could not be taken for condonation of delay---Defendant, however, had to explain each day's delay but it failed to give explanation of such delay---Case for condonation of delay thus was not made out---Application for condonation of delay (in filing application for setting aside ex parte decree) was dismissed as also application for setting aside ex parte decree. Muneer-ur-Rahman for Plaintiff. Akhlaq Ahmad Siddiqui for Defendant No. 1. M.G. Dastgir for Defendant No.4. ORDER This application has been filed under section 5 of the Limitation Act for condonation of delay in filing CMA No. 4082/94, under Order IX, Rule 13, C.P.C. for recalling and setting aside judgment and decree dated 26-8-1993. CMA No. 4082/94 was filed on 13-9-1994. The grounds taken for condonation of delay are (i) that defendant No. 1 was served through District Judge, Rawalpindi and not through District Judge, Islamabad and as such the service of summons was not proper and (ii) after 16-12-1992, the matter was taken up by the Additional Registrar on 1-2-1993 and 8-3-1993 but no efforts were made to get…

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