Law:

Section:

(a) Civil Procedure Code (V of 1908)--- .----O. IX, R.13---Setting aside ex parte decree---Trial Court had passed an ex. parte decree on the first date fixed for appearance of defendant---Trial Court having believed that service had been effected upon the defendant proceeded ex parte and decreed the suit without examining any witness---Application of defendant, to set aside ex parte decree which was supported by an affidavit was dismissed by Trial Court and appeal was also dismissed by the lower Appellate Court---Validity---Neither any counter-affidavit was filed by the plaintiff, nor any issue was framed by the Trial Court and as such acted in haste in disposing of the suit ex pane on the same day without examining any evidence in proof of the claim made in the suit itself---No chance was provided to the contesting party and the order of the Courts below was arbitrary, capricious and illegal and was set aside in circumstances. (b) Administration of justice--- ---- Law requires that the case should be decided on merit for which the parties should be given chance. JUDGMENT This revision petition is directed against the order, dated 7-12-1983 passed by the then learned Senior Civil Judge, Kasur whereby he granted ex parte decree to the respondent/plaintiff in a suit for declaration whereby correction of date of birth was prayed. 2. A petition for setting aside the aforesaid ex pane decree was moved before the learned trial Court, which was dismissed vide order, dated 2-2-1984 on the ground that there was no sufficient cause for setting aside the ex parte decree as the petitioner/defendant had absented intentionally on the date of hearing i.e. 7-12-1983. Against that order the petitioner/defendant filed an appeal, which came up for hearing before the then learned District Judge, Kasur, but the same was dismissed, hence this revision petition. 3. The brief facts are that the respondent/plaintiff filed a suit for declaration in the Court below for correction of his date of birth from 11-7-1957 to 18-11-1959 on the, ground that the date mentioned earlier was wrongly mentioned in his Matriculate Certificate. Summonses were issued in the aforesaid suit to the…

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