Law:

Section:

Civil Procedure Code (V of 1908)---------O. VII, R.2 & O.IX, Rr.7, 13---Suit for recovery of amount---Ex parte decree, setting aside of---Case, on the dates fixed for evidence of plaintiff, was adjourned on note of Reader of the Court to the effect that "Presiding Officer of Trial Court was on leave on the said date and case was adjourned to next date of hearing" ---On adjourned date of hearing ex parte decree was passed against defendant---Validity---Date of hearing which was adjourned by Reader of the Court was not the "date of hearing" and final action could not be taken against defendants without any notice to them on said date. Muhammad Swaleh and another v. Messrs United Grain and Fodder Agencies PLD 1964 SC 97; Nosheri Khan v. Said Ahmad 1983 SCMR 1092 and Asimullah Khan and another v. Ihsanullah Khan and another PLD 2004 Pesh. 38 ref. Ijaz Anwar for Petitioners. Respondent No.1 in person (in C. M. No. 281 of 2004). ORDER Mst. Anwar Sultana and others, respondents/plaintiffs filed a suit against the petitioners/defendants for the recovery of Rs.40,000 in the Court of Senior Civil Judge, Karak. The suit was contested by the defendants by filing written statement, however, during the course of proceedings the defendants absented from the Court, as a result of which they were proceeded ex parte and after recording ex parte evidence and hearing ex parte arguments, the learned trial Court passed an ex parte decree in favour of the respondents as against the defendants with special cost of Rs.2,000 as per section 35-A, C.P.C. vide judgment and decree dated 12-4-2002. Feeling aggrieved of the said judgment and decree, the defendants moved an application on 11-5-2002 for setting aside the ex parte decree which was contested by the respondents by filing written reply. After hearing arguments of the learned counsel for the parties, the said application was allowed, the ex parte decree dated 12-4-2002 was set aside and the suit was restored to its original number on payment of cost of Rs.2,000 to the judgment-debtors vide judgment/order dated 5-11-2002 and the case was fixed for recording the plaintiffs' evidence on 10-12-2002 on which date the learned counsel…

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