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Syed MUHAMMAD ALI vs Mst — 2022 CLC 1 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 1 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
Syed MUHAMMAD ALI vs Mst
Subject matter
Civil
Provisions referred to
S. 12; S. 24; S. 96; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed MUHAMMAD ALI VS Mst. KHURSHEED JEHAN S.12(2), 24a & O.IX, R. 13---Suit for declaration, cancellation, etc.---Petitioner/defendant filed written statement---Suit decreed ex-parte---Petitioner contended that he could not contest the suit as no notice in terms of S.24a of Civil Procedure Code was received from the Court---application under S.12(2), C.P.C., and subsequent revision petition were dismissed---Validity---Held, that for getting an ex-parte judgment/decree set-aside on the ground of improper service, the remedy lied under O.IX, R.13 of C.P.C. and not under S.12(2) thereof---Both these provisions of law were to be read independently on account of different limitation period---None of ingredients of S. 12(2), i.e., fraud, misrepresentation and want of jurisdiction were attracted---Petitioner admitted that when the case was transferred from one judge to another, Court motion notice was received by him and he approached the Court and proceeded with the matter---Petitioner preferred to remain indolent and after ex-parte decree filed the application under S.12(2) of C.P.C. challenging the validity of the judgment and decree---Petitioner did not choose to avail the remedy provided under O.IX, R.13 of C.P.C. or S. 96(2) thereof---Constitutional petition was dismissed accordingly.

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