Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. IX, R.6(1)(a)---Ex parte proceedings against defendant---Provisions of O.IX R.6(1)(a), C.P.C. had empowered the court to proceed against defendant ex parte and pass a decree without recording evidence, if he did not appear before the court when the suit was called on for hearing; and if summons had been duly served, O.IX R.6(1), C.P.C.---Words "the suit was called for hearing" occurring in O.IX, R.6(1)(a), C.P.C. had legal importance---Word "hearing" in the context meant (a) a date fixed for hearing of final arguments on the subject-matter, (b) a date fixed for evidence, (c) a date fixed for framing of issues by the courts, while a date fixed for hearing of interlocutory matters, was not a date of hearing of the case---In the present case date on which the defendant was proceeded ex parte was not a date fixed for hearing of the suit, but was supposed to be a date to deal the interlocutory matter; and the date was not fixed by the Trial Court, but was fixed by the Chief Court directing the parties to attend Trial Court---Ex parte proceedings on the said date were without jurisdiction and null and void ab initio---Both the impugned orders/decree passed by the Trial Court as well as Appellate Court below were set aside and case was remanded to the Trial Court to hear the application filed by the defendant for setting aside ex parte proceedings against him and to dispose the same on merits. 1987 SCMR 733; PLD 1975 SC 678; PLD 1973 Lah. 659; 1993 SCMR 1949; 1992 SCMR 707; PLD 1991 SC 1104; PLD 1990 SC 285; 1997 CLC 1080; PLD 1993 Lah. 564; PLD 1964 SC 97; PLD 1981 SC 21; 1991 MLD 63; 1990 CLC 1473; PLD 1986 Q. 121; 1986 CLC 1320; PLD 1981 Lah. 508; PLD 1971 Lah. 746; 1992 SCMR 707; 1987 SCMR 733; PLD 1975 SC 678; 1997 CLC 1080; 1993 CLC 926; 1990 CLC 1473; 1988 MLD 69; PLD 1976 Pesh. 108; 1973 SCMR 103; PLD 1964 SC 97; 1986 CLC 1320; 1986 CLC 2507; PLD 1986 Quetta 121; 1985 CLC 471; 1983 CLC 1238; PLJ 1982 Lah. 261; PLD 1981 Lah. 508; PLD 1971 Lah. 746; PLD 1970 Lah. 412; PLD 1967 Lah. 151; PLD 1964 B.J. 58; 1993 SCMR 1949; PLD 1977 SC 599; 1973 SCMR 103 and PLD 1971 Quetta 77 ref. JUDGMENT MUZAFFAR ALL, J.--- This case has…

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