Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. IX, R.13---Limitation Act (IX of 1908), S.5 & Art. 164---Ex parte decree, setting aside of---Framing of issues after filing of written statement---Ex parte proceedings against defendant for his non-appearance, when case was fixed for plaintiff's evidence---Passing of ex parte decree about eight (8) months after ex parte proceedings---Filing of application for setting aside ex parte decree after six (6) months of its passing---Plea of defendant was that his counsel had absented abruptly without conveying any information to him---Validity---Defendant in application had not denied knowledge about pendency of suit or date fixed in suit --Matter regarding undertaking of counsel to appear in suit and non-conveying of his absence from suit was between defendant and his counsel in which Court was not involved in any manner---Negligence of counsel would not be sufficient cause or good ground for setting aside ex parte decree---Defendant might sue his counsel for damages occasioned on account of his lapse, but for such reason, prayer for setting aside ex parte decree could not be granted---Defendant was obliged under law to follow suit diligently and his dependence on his counsel was not lawfully sufficient to absolve him from legal obligations cast on him---Sleeping over his rights for six months showed that absence of defendant or anybody on his behalf was intentional/deliberate---No specific application for condonation of delay had been filed---Application for setting aside ex parte decree was dismissed in circumstances. Haji Ahmad Hassan v. Dr. Mian Aziz Ahmad and 5 others 1979 CLC 629; Saee and others v. Zulfiqar Ali and others PLD 1992 Lah. 241 and Muhammad Munawar v. Ch. Khurshid Alam 1978 SCMR 266 rel. (b) Civil Procedure Code (V of 1908)--- ----O. IX, R.13---Ex parte decree, setting aside of---Negligence of counsel---Not sufficient cause or good ground for setting aside ex parte decree---Remedy of defendant would be to sue his counsel for damages occasioned on account of his lapse. Haji Ahmad Hassan v. Dr. Mian Aziz Ahmad and 5 others 1979 CLC 629; Saee and others v. Zulfigar Ali and others PLD 1992 Lah. 241 and…

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