Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--O. IX, R. 13--Application for restoration of previous application filed for setting aside exparte order--Framing of issues by trial Court--Order set aside by revisional Court--Challenge to--Maintainability--Held: Court framed issues only to decide the application and had not adjudicated upon the matter nor had applied its judicial mind as yet--Case was not covered within the socpe of `case decided'--Order of revisional Court was illegal. [Pp. 1104 & 1105] B, C & D Words and Phrases-- -----"Case decided"--Connotation of--The words `case decided' is to be understood in the broadest and most ordinary sense so as to include a part of case or an issue or an interlocutory order which will ultimately affect the rights of the parties. [P. 1104] A PLD 1973 SC 507; 1992 SCMR 718; 1985 CLC 1605 & PLD 1993 SC 109. Order Facts giving rise to the instant writ petition are to the effect that Ghulam Muhammad, the predecessor-in-interest of the present petitioners had been allotted land in Chak No. 14 EB Arifwala, Pakpattan measuring 12-Acres, 3-Kanals and 15-Marlas vide allotment order dated 20.03.1964 under the Islamabad Oustees' Scheme and he gave this land to Respondent No. 1 to cultivate the same as tenant-at-will. The petitioners predecessor died on 07.03.1977 and after his death Respondent No. 1 Rehmat Ali had filed a suit for specific performance of contract on 21.06.1989 against the present petitioners in the Court of learned Senior Civil Judge, Sahiwal, which was entrusted to different Civil Courts and lastly it was under the trial in the Court of Mr. Naseer Ahmad Awan, Civil Judge, Sahiwal. The case was fixed for evidence when Civil Judge was appointed at Arifwala and the civil cases including the case of the petitioners was transferred to the Civil Judge, Arifwala. The transferee Court did not issue notice to the petitioner when the Civil Court had taken the cognizance of the matter. The petitioner was not served by the trial Court and resultantly the ex-parte decree was passed on 14.9.1991. 2. The petitioner moved an application under Order 9 Rule 13 C.P.C. for setting aside ex-parte order and decree…

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