Law:

Section:

(a) Civil Procedure Code (V of 1908)-----0. IX, R. 6---Ex parte decree---Absence of defendants---Effect---Date fixed for recording of evidence was in the knowledge of defendants or their representatives---Absence of any or all representatives on such date being crucial, same was rightly considered sufficient cause to pass ex parte decree. (b) Civil Procedure Code (V of 1908)--- ----Q. IX, R. 13---Ex pane, decree, setting aside of ---Requirements--­ Provisions of O. IX, R.13, C.P.C. required the proof that service of the date of hearing was not properly effected and defendant was to establish that his absence on the date fixed was under the circumstances beyond his control---If next date of hearing was given in the presence of the defendants; no question of proper service would arise and ex parte decree could not be set aside in circumstances (c) Civil Procedure Code (V of 1908)--- ----0. IX, R.13---Ex parte decree, setting aside of---Next date was given in presence of defendants/respondents---Trial Court passed ex parte decree--- Application to set aside the decree was dismissed by Trial Court, but the Lower Appellate Court remitted the case to the Trial Court for decision on merits ---Validity---Stetting aside of ex parte decree was discretion of the Court and the same was subject to conditions as envisaged in OJIX, R.13, CIp.C.---Where neither of the conditions mentioned in O. IX, R.13, C. P. C. could be fulfilled, setting aside such decree would tantamount to interference in the discretionary powers of the Trial Court---Order of the Lower Appellate Court was set aside in circumstances. JUDGMENT This common judgment of mine would dispose of two civil revisions hearing No.466 of 1994 (Shabbir Hussain v. Government of N.-W.F.P.) and Civil Revision No.511 of 1994 (Taj Muhammad v. Shabbir Hussain and others). It would also dispose of Civil Miscellaneous No. 134 of 1998, an application filed by one Yarat Khan to be arrayed in the proceedings as respondent, as they are arising out of a single judgment delivered by learned District and Sessions Judge Kohat dated 30-5-1994. 2. Briefly stated the background of the case is that one Dil Baz Khan son of Sher Baz was…

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