Mst. RESHMA vs Mst — 2022 YLR 944 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 944 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: Mst. RESHMA vs Mst
Subject matter: Civil
Provisions referred to: S. 97

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

Mst. RESHMA VS Mst. SHABANA Ss. 97 & O.IX, R.13---Ex-parte decree was not set aside---Partition of property--- Preliminary decree, non-assailing of--- Effect--- Petitioner-defendant was aggrieved of final ex-parte decree passed in favour of respondent-plaintiff---Trial Court and Lower Appellate Court declined to set aside ex-parte order--- Validity--- Preliminary decree was granted on 20-6-2017 and final decree was granted on 20-6-2018---Application for setting aside of ex-parte decree was turned down by Trial Court on 22-2-2019 against which appeal was dismissed on 22-2-2020---Petitioner-defendant did not intend to seek setting aside of preliminary ex-parte decree---When preliminary decree was not challenged, provision of S.97, C.P.C. had come into play, which precluded challenging of final decree---High Court in exercise of revisional jurisdiction declined to set aside ex-pate decree---Revision was dismissed, in circumstances. Head NotesCase Description

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