Law:

Section:

Civil Procedure Code (V of 1908)--O.IX, R.6(1)(a)---Constitution of Pakistan (1973), Art.185(3)--Ex parte decree against defendant passed by trial Court was confirmed by Appellate Court as also the High Court---Validity---Trial Court, in spite of knowledge with regard to detention of defendant did not direct Jail Authorities to produce him on specified date when ex parte decree was passed against him---Defendant having been convicted on a criminal charge, his absence was not wilful---No process having been issued to defendant for specified date, ex parte proceedings could not be taken against him---Appearance of minor son of defendant on specified date was not "appearance." on behalf of defendant, he being not 4 constituted attorney of defendant---Trial Court having been informed of detention of defendant on a criminal charge by his minor son, was under obligation to ha a issued a process to defendant---Trial Court had thus, exercised jurisdiction in. proceeding ex parte illegally and against provisions of law---Appellate Court an High Court had not taken into consideration factual aspects---Ex parte decree and ex parte order were set aside and case was remanded to Trial Court for trial in accordance with law. JUDGMENT ABDUL QADEER CHAUDHRY, J: --This appeal by leave of the Court is directed against the judgment of the Balochistan High Court dated 23-5-1988. 2. The facts, in brief, are that the respondent brought a suit in the Court of Qazi claiming that he is in possession of the disputed land and seeking a decree for declaration of title and possession. The appellant after service of summons appeared in the Court and obtained time for filing written statement. On 24-3-1987 when the case was called, the appellant was absent therefore ex parte order was passed against the appellant and the case was adjourned to 5-4-1987 for recording the evidence of plaintiff. On that day, an application was presented on behalf of the appellant seeking adjournment which was allowed. On 5-4-1987, the respondent's attorney was present but the appellant was absent, therefore, an ex parte order was passed against him and the case was adjourned to 11-4-1988 for evidence. The…

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