Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.IX, R.13 & S.115---Ex parte decree---Defendants were duly served and had engaged counsel to represent them in suit---During hearing of suit neither defendants nor their counsel appeared in Court whereupon defendants were proceeded ex parte and ex parte decree was passed against them---Defendants' application for setting aside ex parte decree was dismissed, so also their appeal--­Courts below on question of fact had concurrently found that defendants were negligent and that there was no sufficient reason to set aside ex parte decree--­Defendants had not been able to point out any misreading or non-reading of evidence by Courts below---There being no illegality, material irregularity or jurisdictional defect in the orders passed by Courts below, interference was declined in revisional jurisdiction. ORDER On 4-1-1986, Mohammad Ayub and three others filed suit for the recovery of Rs.22,856 against Ch. Iftikhar Ahmad and Ch. Mohammad Sharif petitioners in the Court of Senior Civil Judge, Gujrat. 2. It was averred in the plaint that Iftikhar Ahmad defendant had obtained Rs.32,000 from them on the pretext of sending them abroad. On his failure to send them abroad, they (plaintiffs) demanded back their amount on which Ch. Mohammad Sharif defendant No.2 stood surety. Thereafter, defendant No.1 made part payment but refused to pay the suit money. The defendants were duly served. They engaged Ch. Mohammad Munir Gondal, Advocate as counsel. Since the defendants-petitioners and their counsel did not appear before the trial Court, so the suit was decreed against them ex parte on 24-1-1989. On 8-2-1989, the petitioners file application for setting aside the ex parte decree. This application was contested and six issues were framed. Iftikhar Ahmad petitioner appeared as AWL lie stated that he had engaged Ch. Mohammad Munir Gondal, Advocate as his counsel who told them that their appearance in the Court was not necessary and that he would call them as and when their presence was required. He further stated that it was on 8-2-1989 that he carne to know about the ex parte decree against him. He further stated that Mr. Mohammad Manir…

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