Law:

Section:

Civil Procedure Code (V of 1908)--O, XI, R.13---Constitution of Pakistan (1973), Art. 185(3)---Plaintiff's suit for rendition of account was decreed ex parte against defendants---Defendants on knowledge of such decree submitted application for setting aside ex parte decree---Trial Court dismissed defendants' application---Respondents'/ Defendants appeal was accepted by First Appellate Court and ex parte decree against them was set aside---High Court in revision maintained finding of First Appellate Court---Leave to appeal---Respondents were admittedly residing abroad and they had not been served in the ordinary course---Petitioners claimed that on behalf of respondents a counsel had appeared before Local Commissioner who had been appointed after passing ex parte decree and that respondents had knowledge of proceedings---Record, however, did not show that counsel had also been authorised to appear in Court on behalf of respondents--­First Appellate Court and High Court in revision had taken factual aspect of the case while deciding the same---Daily newspaper in which notice to respondents was published could not be deemed to be circulated in foreign country where respondents resided---Concurrent findings of fact having been recorded by Courts below and no question of law being involved in petition, leave was refused. Bashir Ahmad v. Government of the Punjab etc. 1985 SCMR 33 ref. ORDER ABDUL QADEER CHAUDHRY, J: --A suit for rendition of accounts was filed by the petitioner against the respondents in the year 1973. The grievance of the petitioner is that the proceedings have delayed on account of the conduct of the respondent. The suit was dismissed for default on 1-12-1981. Thereafter, it was restored and then on 31-10-1983 none of the parties was present and the suit was dismissed in default. The petitioner applied for its restoration and the suit was restored on 21-4-1984. According to the learned counsel, after the restoration of the suit, notices were issued to the respondents but despite the fact the respondents were earlier represented by their counsel, they did not accept the said notices. After the restoration of the suit, finding it difficult to serve…

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