LIAQAT HUSSAIN vs MOHAMMAD ASHIQ O — 2023 CLC 768 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 768 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: LIAQAT HUSSAIN vs MOHAMMAD ASHIQ O
Subject matter: Civil
Provisions referred to: Limitation Act (IX of 1908)

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

LIAQAT HUSSAIN VS MOHAMMAD ASHIQ O.IX, R.13---Limitation Act (IX of 1908), Art.164---Ex-parte decree---Setting aside of---Limitation---Petitioner / defendant was proceeded ex-parte and suit filed by respondent / plaintiff was decreed---Trial Court and Lower Appellate Court declined to set aside ex-parte decree---Validity---Petitioner / defendant was duly served with summons to which he responded and not only joined proceedings before Trial Court but also filed his written statement---Petitioner / defendant continued to participate in trial until he failed to attend the hearing and as a consequence of which order of ex-parte proceedings was passed and case was fixed for hearing---Trial Court proceeded to pass ex-parte judgment and decree after recording evidence of respondent / plaintiff---High Court decline to interfere in the matter as petitioner / defendant failed to make out any case against concurrent findings of two Courts below---Revision was dismissed in circumstances.

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