Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. IX, R.6---Power of Court in the matter of passing ex parte decree without recording evidence was discretionary ---Defendants, in the present case, though were present on the previous date, but could not make themselves available before the Court on the date when the case was fixed only for filing the list of witnesses---Trial Court on the said date decreed the suit of the plaintiff ex parte on account of absence of the defendants---Validity---Incumbent on the Trial Court to have recorded reasons whether it should decree the claim against the defendant after recording evidence or without recording evidence---No such decision being available on the record, the Court seemed to have exercised its discretion not in a judicial manner and the passing of ex parte decree was indicative of inflicting a punishment on the defendants for their failure to appear before the Court without forming a conclusion that such an absence was either the result that the defendants were having nothing in rebuttal to the claim of the plaintiff or otherwise---Impugned s/orders/decrees of the Courts below were liable to be reversed in circumstances. PLD 1978 SC 89 and PLD 1986 Pesh. 19 ref. (b) Civil Procedure Code (V of 1908)--- ----O. IX, R. 13---Limitation Act (IX of 1908), S.5---Application for setting aside the ex parte decree was delayed for 4 days---Contention of the defendants was that the attorney had gone to K on the date fixed hence the default in appearance in the Court---Defendants produced the travelling tickets of the attorney to substantiate their plea---Trial Court, in circumstances, should have offered an opportunity to the defendants to lead evidence in support of their contention, but the application was straightaway rejected---Validity---Trial Court had not properly dealt with the case in accordance with law---Judgments/orders/decrees of the Courts below were reversed in circumstances. Jan Muhammad Khan for Petitioner. Ziaur Rehman for Respondent. Date of hearing: 27th March, 2003. JUDGMENT The point raised for determination in this revision petition is as to whether the learned trial Judge was correct in not recording…

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