Tuesday, 11 September 2018

PLJ 2014 Lahore 830


--- Art. 199 – Constitutional petition – Ex-parte decree – Application for setting aside of ex-parte decree—petition was dismissed for non-prosecution – Ex-parte proceedings were initiated against respondent hence an application was moved by her to set aside proceedings – Due proceedings in the application were in progress, but due to absence of petitioner, his petition for setting aside of ex-parte decree was dismissed –it has been observed that trial Court, towards passing order, whereby during proceeding in an application moved by respondents for setting aside exparte proceedings was dismissed -- Even when an application for restoration of petition for setting aside of ex-parte decree was moved, it was also turned down – Decision of the matter would be made on merit in accordance with law, after recording pro and contra evidence of the parties and technicalities would be avoided. 

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