| Citation(s) |
|---|
| 1952 SLG 171 1952 SLD 171 1952 PLD 456 |
Lahore High Court
Letters Patent Appeal No. 20 of 1950 decided on 20th December, 1951, under clause 10 of the Letters Patent from the judgment of Muhammad Khurshid Zaman, J., passed in First Appeal from Order No. 25 of 1949 dated the 22nd May, 1950 affirming that of Ch. Mu
S. A. RAHMAN, AND M. R. KAYANI, JJ
Mian Muhammad Nazir, for Appellant. Muhammad Akram, for
Respondent No. 1.
Letters Patent Appeal No. 20 of 1950 decided on 20th December, 1951, under clause 10 of the Letters Patent from the judgment of Muhammad Khurshid Zaman, J., passed in First Appeal from Order No. 25 of 1949 dated the 22nd May, 1950 affirming that of Ch. Mu
S. A. RAHMAN, AND M. R. KAYANI, JJ
Mian Muhammad Nazir, for Appellant. Muhammad Akram, for
Respondent No. 1.
Mian KAMAL DIN
VS
Malik MUHAMMAD BASHIR and others
Law:
Section:
Limitation Act (IX of 1908)----------First Schedule, Art. 164 "Summons" refers to summons issued for first appearance of defendant in Court-Defendant absent on an intermediate date must apply within 30 days of date of ex-pane decree for setting aside same. Where the defendant had duly appeared before the Court but absented himself on a subsequent date to which the case had been postponed on account of the presiding officer being on leave on the date of the previous hearing, notice to appear on such subsequent date not having been served upon defendant, and a decree ex-parte was passed against him: Held, that the defendant's application preferred after the expiry of 30 days from the date of the ex-parte decree was The word " summons " used in Article 164, Limitation Act, refers to the first summons issued to the defendant after the institution of the suit. Once a party receives intimation of an action, it is for him to pursue it and to keep himself in touch with the proceedings, either personally or through his counsel. Mst. Lal Devi v. Amar Nath A I R 1920 Lah. 261; Surjit Singh v. Lieut. Cap. C. J. Torrie A I R 1924 Lah. 666 and Sardarni Hamir Kaur v. Court of Wards of the Estate of Sardar Balwant Singh A I R 1932 Lah. 538; (1934) 154 I C 429 (Peshawar), ref. JUDGMENT M. R. KAYANI, J.-Malik Muhammad Bashir brought a suit against twelve defendants, including Kamal-ud-Din appellant, challenging twelve alienations made by his brother Fida Hussain in favour of different persons. The suit was originally instituted in the Court of Mr. Jawala Das, Subordinate judge, and transferred in March 1946 to Ch. Aziz Ahmad, Kamal-ud-Din appeared in that Court on the 30th of March, 1946. In May 1947 Ch. Aziz. Ahmad was succeeded by Ch. Azam Ali, who passed the following order on the 26th of June 1947 :- "In view of my absence on leave on 16th June 1947 a notice to issue to counsel for defendants 1 and 11 and also to defendants 2 and 3 for the 29th of July 1947". Defendant No. 11 was Kamal-ud-Din appellant. On the 29th of July 1947, since defendant No. 11 had still remained unserved, another notice was issued to his counsel for appearance on the 6th of October 1947. In the…
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