Law:

Section:

Civil Procedure Code (V of 1908)-------O. IX, R.13 & O.XX, R.13---Administration suit---Ex parte decree, setting aside of---Non-appearance of defendant in court for one year despite service on him through bailiff, registered A.D. post and courier service---Applicant had not given any plausible explanation for remaining slept over the matter for one year nor had explained in application as to how he came to know about passing of decree--Applicant' had not produced any documentary proof in support of his plea that family settlement had arrived at between parties---Application for setting aside ex parte decree was dismissed in circumstances. Rukhsana Kausar and another v. Additional District Judge, Khanewal and 11 others 2000 CLC 385; Fateh Muhammad v. Arshad Afzal 1999 MLD 1481; Allah Nawaz Khan and 2 others v. Farida Fatima Khanum and 11 others 1999 MLD 2738 and Messrs Commercial Textile Printers v. Muhammad Yasin 2003 MLD 1772 ref. M. Aslam Butt for Petitioner. Shaikh Abdul Majid for Respondent No.2 ORDER MUHAMMAD AFZAL SOOMRO, J.---Through this application, legal heir No.4, listed in table of legal heirs, shown in main petition, has sought setting aside, recalling and revocation of the order, dated 14-4-2005 whereby the main petition was granted in favour of the petitioner on the ground that the same was obtained fraudulently by concealing material facts and making false statement in the absence of the petitioner, other legal heirs as well as the witnesses. The facts for deciding this application appear to be that on 14-4-2005 when this matter was fixed for final hearing, Mr. Khalid Latif Advocate appeared. On the order-sheet, office pointed out that notice of main application had, already, been issued through bailiff, registered post A.D. and courier service besides the same was pasted on the Court Notice Board as per bailiff's report and publication of said notice in daily "Jang" dated 1-9-2004. It was further pointed out by the office that next of kin Nos.1, 3 to 8 being adults had filed their no objection affidavit in favour of the petitioner whereas as per Court order dated 30-3-2005 notice was issued by registered post A.D. and courier service. It…

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