Citation Name: 2023 MLD 1870 PESHAWAR-HIGH-COURTBookmark this Case NISAR vs SAID QAMAR (LATE) O — 2023 MLD 1870 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 1870 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 1870 PESHAWAR-HIGH-COURTBookmark this Case NISAR vs SAID QAMAR (LATE) O
Subject matter: Criminal
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

Citation Name: 2023 MLD 1870 PESHAWAR-HIGH-COURTBookmark this Case NISAR VS SAID QAMAR (LATE) O. IX, R. 13--- Limitation Act (IX of 1908), First Sched. & Art. 164---Ex-parte judgment and decree---Application for setting aside ex-parte judgment and decree, dismissal of---Scope---Petitioner contested the concurrent dismissal of his application to set aside the ex parte judgment and decree---Held, that petitioner had been properly served in the suit and he had appeared before the Trial Court---However, the petitioner failed to provide sufficient cause for his non-appearance---Petitioner claimed that he had tested positive for COVID-19 a few days before the scheduled hearing, but did not provide any supporting documentation regarding his illness---Although the typical duration of COVID-19 was approximately one month, the petitioner filed his application to set aside the ex parte decree four months after its passing---Additionally, the petitioner did not submit an application for condonation of delay---According to Art. 164 of the Limitation Act, 1908, the limitation to file an application to set aside the ex parte decree was thirty days---Writ petition was dismissed.

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