Law:

Section:

(a) Administration of justice-------Courts, in absence of express provision, normally should not refuse proper relief to a party on technical ground---Principles. (b) Civil Procedure Code (V of 1908)--- ----S. 9---Jurisdiction of Civil Court-Scope-Civil Court being court of both law and equity should dispose of cases on merits and not on technical consideration---Principles. Civil courts are courts of both law and equity and in the absence of special reasons, they should also be inclined to do substantial justice and matters of controversy should also be disposed of on merits and not on technical consideration. This is always more important in cases where there is apprehension that the party concerned shall be seriously prejudiced if the application or suit is not restored. (c) Administration of justice--- ----Legal formalities and procedural provisions---Object stated. The principal object of legal formalities and procedural provisions is to safeguard the interest of justice and the procedural provisions unless insurmountable should not be allowed to defeat the ends of justice. The duty of the court is to do justice between the parties. The procedure prescribed is always for the purpose of doing justice between them and should not come in the way of doing substantial justice. (d) Civil Procedure Code (V of 1908)--- ----O. VII, R.2 & O.IX, R. 13---Qanun-e-Shahadat (10 of 1984), Arts.17 & 79---Suit for recovery of money on basis of agreement---Defendant's denial to have executed such agreement---Non¬appearance of defendant on 21-3-2005 fixed for plaintiffs evidence resulted in passing of ex parte decree on 9-4-2005 after examining one marginal witness of agreement---Application by defendant for setting aside such decree filed on 20-6-2005---Defendant's plea that instead of 21-3-2005, he wrongly noted 11-4-2005 as date of hearing, on which date he came to know of passing of ex parte decree---Judgment of Trial Court dismissing such application upheld by Appellate Court and in revision by High Court---Validity---Mistake about date of hearing, if occurred by misapprehension of a party or some times by unintentional wrong communication by clerk of court could…

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