Law: Civil Procedure Code (V of 1908)

Section: S.12(2),115,O.VII,XXI,XXX,R.2,323A

Civil Procedure Code (V of 1908)--- ----O.XXX VII, Rr.2, 3 & S.12(2)---Suit for recovery of amount on basis of pro note---Ex parte decree---Execution of decree---Notice was issued by trial Court to defendant to appear for onward legal proceedings and upon failure of the defendant, to appear, proclamation notice was issued, but despite that defendant again failed to get leave from the court to defend suit---Trial Court, on account of repeated absence of defendant, passed on ex parte decree in favour of plaintiff, which was challenged by the defendant/ debtor submitting application for setting aside the ex parte decree---Pro note on basis of which suit was filed, was duly scribed between the parties in the year 2003 and on account of repeated absence of defendant, decree was passed in 2006---Execution of said decree and procurement of defendant was a debatable question for the court; which clearly inferred that defendant by any means, was trying to delay the execution proceedings to deprive the plaintiff/decree -holder from usufruct of decree since long ago passed in his favour; and a handsome portion of the decretal amount had been deposited through attachment---Petition being meritless and having no substance, was dismissed---Decree-holder/plaintiff was allowed to withdraw the decretal amount already deposited in the court, according to law. 1996 SCMR 1530; 2003 YLR 2208; 2006 CLC Lahore 236 and 2006 SCMR 630 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD SAFDAR KHAN SIKANDARI, J.--- Having felt aggrieved from dismissal order dated 13-4-2009 passed by learned Additional District Judge-IV, D.I. Khan whereby the application of petitioner under section 12(2) C.P.C. against ex parte decree was dismissed, the petitioner has filed this revision petition under section 115, C.P.C. 2. Succinct facts arising out of the lis in hand are to the effect that due to cordial relations between the parties, the plaintiff-respondent handed over a loan of Rs.1,20,000 to the petitioner while scribing a pro note on 22-6-2003. On demand by the plaintiff and subsequent refusal by the petitioner-defendant, the suit was filed in the Court of District Judge, D.I. Khan and accordingly…

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