Law:

Section:

Civil Procedure Code (V of 1908)-------O. XLI, Rr. 17(2) & 21---Ex parte decree passed by Appellate Court---Application for setting aside of ex parte decree---Appellate Court allowing appeal against the and decree passed by Trial Court, decreed the suit by way of ex parte proceedings against respondent and application for setting aside ex parte order/decree filed by respondent was also dismissed by the Appellate Court---Respondent in his application for setting aside ex parte order/decree against him had alleged non-service of notice on him and had claimed that in circumstances there was sufficient cause to set aside ex parte order/decree passed by Appellate Court below---Question raised by respondent in his application for setting aside ex parte order/decree could be determined after framing of issues and recording of evidence---Such course having not been adopted order, dismissing application of respondent suffered from material irregularity--­Order of Appellate Court dismissing application of respondent for setting aside ex parte order/decree, was set aside by High. Court and case was remanded to the Appellate Court with direction to frame issues arising out of pleadings with regard to application of respondent filed for setting aside ex parte order and to decide the matter afresh after giving opportunity to parties to produce their evidence and .to dispose of application of respondent in accordance with law. Aurangzeb Mirza for Petitioner. Awan Muhammad Hanif for Respondents. Date of hearing: 22 d July, 2002. JUDGMENT The present revision petition has been filed by WAPDA challenging the orders of the learned Additional District Judge, Mianwati dated 8-5-1996 by virtue of which he rejected the application moved by it for setting aside of the ex parte decree passed in favour of Sanaullah and others in an appeal pending adjudication before him in which the judgment and decree of the trial Court dated 2-2-1993 had been set aside and the suit of Sanaullah etc. had been decreed ex parte. 2. The facts are that Sanaullah and others filed a civil suit for compensation with the assertions that the suit property situated in District Mianwali owned by them was…

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