Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. IX, R. 7---Limitation Act (IX of 1908), Art. 181---Ex parte proceedings against defendant---Setting aside of---Limitation---Ex parte order or proceedings could be set aside at any time before conclusion of the trial, provided that application for the same was made within a period of 3 years as provided by Art. 181, Limitation Act, 1908---Defendant having stated reasons for his non-appearance, whatever their worth was it could be decided after providing an opportunity to him to substantiate the same---Failure on the part of Trial Court and disposal of his application for setting aside ex parte proceedings, in a summary manner, was unwarranted and not a proper exercise of jurisdiction. 1989 MLD 2173; 1993 MLD 1101; 1994 MLD 1947; 1991 MLD 261; 1993 MLD 227; KLR 1982 Civil Case 81 and 1994 MLD 1947 ref. (b) Administration of justice--- ----Rules of procedure were meant for advancement of justice and parties could not be non-suited on technicalities of law when their valuable rights were sub judice before the Court. Manzoor Ahmed Bhatti's case PLD 1973 Lah. 659 ref. Ch. Muhammad Azam Khan for Petitioner. Ch. Reaz Alam for Respondents. ORDER The above captioned revision petition arises out of the following facts:-- Abdul Razzaq, respondent, herein brought a suit for possession in respect of suit land against respondents in the Court of Additional Sub-Judge, Mirpur on 2-3-1999. In response to the process, the petitioner herein who was defendant No.11 in the suit appeared on 21-10-1999 and was directed by the trial Court to file written statement on 22-11-1999. The petitioner did not appear on the aforesaid date thus, was proceeded ex parte. It may be mentioned that the suit was still at initial stage as respondents Nos.12 to 15 were still to be summoned. The suit remained pending for one reason or the other. On 4-10-2004, an application for setting aside ex parte proceedings was moved on behalf of the petitioner/defendant in the trial Court. It was averred that Raja Hassan Akhtar, Advocate, was engaged by respondents Nos.1, 2, 4, 6, 7 and 9 including the petitioner/defendant for prosecution of the case, however,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492