Law:

Section:

(a) Civil Procedure Code (V of 1908)--O. IX, Rr. 6 & 9---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether the appellants had a right to join the proceedings without setting aside the order of ex parte proceedings passed against them. Syed Mushtaq Ali and others v. Master Khushi Muhammad P L D 1961 Lah. 792 not approved. (b) Civil Procedure Code (V of 1908)--- ----O. IX, Rr.6 & 9 & O.XVII, Rr.l, 2 & 3---Defendant who was proceeded against ex parte and did not get the ex parte order set aside was not debarred from appearing and participating in proceedings at subsequent stage--­Conditions. According to Order IX, R.6, C.P.C. where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then, if it is proved that the summons was duly served, the Court may proceed ex parte.' Under the following Rule.7, if the defendant at or before such hearing, appears and assigns good cause for his previous non-appearance he may upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance. Under Order XVII, R.1, C.P.C. the Court has the power to adjourn the hearing of the suit from time to time and under Rule 2 of the said Order, where on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or make such other order as it thinks fit. Reading Rules 6 and 7 of Order IX in conjunction, it is amply clear that if the defendant in spite of service does not appear on the day fixed in the summons, the Court may proceed with the suit notwithstanding the absence of defendant and if he, later on, is able to assign good cause for his previous non­appearance, he can be relegated to the stage at which he was proceeded ex parte, which nowhere lays down that the defendant shall be debarred to take part in the subsequent proceedings if either he is not able to show good cause for the revival of the earlier proceedings or he does not feel a necessity to undo whatever…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492