Law:

Section:

Civil Procedure Code (V of 1908)-------O.IX, R. 7 & O.VIII, RA ---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42----Ex parte order against specified defendants in Constitutional -petition---Application against ex parte order was accepted and defendants were allowed to file written statement---Validity---Where ex parte order had been passed against defendant he could not ask for re-opening of proceedings unless he showed sufficient cause but he could join at any time from the stage which had already reached---Purpose to be achieved by such principle was that process of law should not be hindered---Policy of law was that decisions should be on merits---Principle that defendant could join at hearing of case from stage of appearance has reference to the stage of case and not of a particular defendant or respondent---Such view would not create any hindrance in, progress of suit---Order of High Court showed that one of the defendants had yet to file written statement, and High Court had allowed defaulting defendants to file their written statement alongwith the written statement of that defendant--­Order of High Court showed that steps already taken were not required to be retraced and case was to go ahead from the stage where it had reached---Order of High Court by which defaulting defendants were allowed to file their written statement was affirmed in circumstances. JUDGMENT BASHARAT AHMAD SHAIKH, J.---The facts of the case are that respondents Nos.2 to 4, Central Board of Revenue of Pakistan, the Collector of Customs (Appraisement) and Assistant Collector (Appraisement), Karachi, were respondents in a writ petition filed by Amin Spinning Mills appellant herein. The High Court decided to proceed ex parse against the aforementioned three functionaries of the State on 15th of September. 1993 On 20th of June 1995 the aforesaid three functionaries filed an application for setting aside ex parse order of 15th of September 1993 and for joining the proceedings. The application has been accepted. The order passed by the High Court has led to filing of the present appeal, with leave of the Court: Ch. Muhammad Afzal, the learned counsel for the…

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