Law: Civil Procedure Code (V of 1908)

Section: O.VIII,R.10,O.IX,R.6,115

(a) Civil Procedure Code (V of 1908)--- ----O. VIII, R. 10 & O. IX, R. 6---Passing ex parte decree on date which was not fixed for hearing---Presiding Officer of Court was not present on the date which was fixed for filing written statement by, defendant and date was adjourned on note of Reader of the Court---Presiding Officer of the Court was not available on adjourned date and case was again adjourned on the note of Reader and was posted for another date, but on the date so posted ex parte decree was passed against defendant---Date on which ex parte decree was passed against defendant, being not the date of hearing, no ex parte decree could be passed against defendant on the said date. Nosheri Khan v. Said Ahmad 1983 SCR 1092 and Muhammad Swaleh and another v. Messrs United Grain and Fodder Agencies PLD 1964 SC 97 ref. (b) Administration of justice--- ---- Law demanded that dispute should be decided on merits and technicalities should not become hurdle in the way of justice. (c) Civil Procedure Code (V of 1908)--- ---; S.115---Revisional jurisdiction, exercise of---Appellate Court having decided matter after rightly appreciating the material on record, order passed by it could not be interfered with by High Court in exercise of its revisional jurisdiction. ORDER Petitioners /plaintiffs filed suit against the respondents/defendants for declaration and perpetual injunction in the Court of learned Senior Civil Judge/Aala Iltaqa Qazi, Swat. The said suit was decreed ex parte in favour of petitioners/plaintiffs vide judgment and decree dated 14-3­1997. Having come to know about the ex parte decree, respondents filed an application for setting aside ex parte decree, which was dismissed vide order dated 12-4-1997. He filed an application for restoration of the previous application on 14-4-1997 which too was dismissed for non-­prosecution on 25-7-1997. The respondents filed a second application for restoration of their earlier application on 28-7-1997 but the same was again dismissed for non-prosecution on 22-9-1997. They filed yet another application i.e. third application for restoration of their earlier application on 29-10-1993. The said application met the…

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