Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Procedural Rules, 1998-------R. XII(I)(II)---Ex parte decree---Application for setting aside ex parte decree passed by Trial Court, filed after about eight months of passing of the decree, was dismissed---Application for restoration of application, was also dismissed and dismissal which was not challenged by -debtor before any Court, had attained finality---Such order could not be called in question by filing subsequent application which otherwise was barred by time and no sufficient cause was shown for the delay by filing application for condonation of delay. 2002 CLC 1653; 2004 PCr.LJ 915; 2005 SCR 37; Development Authority MZD and 4 others v. Iqbal Hussain Nizami 2002 CLC 1653; Government of Pakistan v. Mst. Parveen 2 others 2003 SCR 313; Muhammad Javaid and another v. Shamim Akhtar 2003 SCR 43; Abdul Ghafoor v. State and another 2004 PCr.LJ 915 ref. (b) Administration of justice--- ----Courts could exercise inherent powers in absence of any express provision of law to the contrary to meet ends of justice---Courts were vested with powers to make any order which they considered to be in the interest of justice---Courts could adopt particular procedure to do justice or redress a wrong when no express provision of law was available to meet the requirements of the case. Robeena Fazil v. Yasin Khan 2005 SCR 37 and Mst. Zareena Begum v. Nisar Hussain and another 1996 SCR 82 ref. Muhammad Younis Arvi for Appellant. Muhammad Ashraf Ayyaz for Respondent. ORDER IFTIKHAR HUSSAIN BUTT, J.--- This appeal has been preferred against the decision of Civil Judge empowered as Guardian Judge, Mirpur, dated 9-9-2005, whereby an application for the restoration of file was dismissed. The facts precisely stated are that an ex parte decree of guardianship and custody of Rataba Ali, minor was passed in favour of respondent, herein, and against the appellant herein, on 18-3-2004. The respondent, herein, filed an application for execution/compliance of the decision dated 19-10-2004. Meanwhile, the appellant presented an application for setting aside the aforesaid ex parte decree, which was dismissed for default of prosecution on 5-1-2005.…

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