MUHAMMAD JAN vs SHERBAZ O — 2022 YLR 361 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 YLR 361 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD JAN vs SHERBAZ O
Subject matter: Civil
Provisions referred to: Limitation Act (IX of 1908); Limitation Act

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

MUHAMMAD JAN VS SHERBAZ O. IX, R. 13---Limitation Act (IX of 1908), Art. 164---Application for setting aside ex-parte decree---Limitation---Scope---Appellant assailed the dismissal of his application under O.IX, R.13, C.P.C.---Validity---Appellant had filed the application for setting aside of the ex-parte decree after lapse of more than 1½ years of the knowledge of ex-parte decree---Under Art. 164 of Limitation Act, 1908, time for filing of petition under O.IX, R.13, C.P.C. ran from the knowledge of such ex-parte decree---Appellant had not filed application for condonation of delay---Trial Court had rightly passed the decree on merit after recording of oral and documentary evidence of the respondents---Appeal was dismissed, in circumstances.

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