Law:

Section:

Civil Procedure Code (V of 1908), O. IX, r. 13 -Ex parte decree passed, without any evidence being recorded, merely on ground that defendants were absent-Decree being based opt no evidence of no value in law. Abdur Rasheed, Senior Advocate (Mian Abdul 1laque, Advocate Supreme Court with him) instructed by Abdul Karim, Attorney for Petitioner. Nemo for Respondents. Date of hearing : 2nd October 1967. JUDGMENT S. A. RAHMAN, J.-This is a petition for special leave to appeal by Sheikh Inayatullah who was plaintiff in a suit for rendition of accounts against the respondents. It appears that ex parte proceedings were ordered against Abbas Ahmad Khan, the first respondent, in this case, by the trial Judge an 7th April 1962. Later, Faiz Mohammad, defendant, was also impleaded at the instance of the plaintiff and summons were issued to him. There were in all three defendants in the case. On the 8th of November 1962 the plaintiff gave up the first defendant, Mohammad Azam. The learned trial Judge then proceeded to pass an ex parte decree against the second and third defendants who are respondents before us. On 3rd December 1962 one of the respondents filed an application for setting aside the ex parse order dated 15-2-1963. This petition was dismissed by the trial Judge and an appeal against that order failed before the…

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