TANVEER AHMED vs ADDITIONAL DISTRICT JUDGE, KASUR O — 2023 MLD 264 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 264 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: TANVEER AHMED vs ADDITIONAL DISTRICT JUDGE, KASUR 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

TANVEER AHMED VS ADDITIONAL DISTRICT JUDGE, KASUR O. IX, R. 7---Limitation Act (IX of 1908), Art. 181---Ex-parte proceeding, setting aside of---Limitation----Petitioners filed suit against respondents, wherein respondents were proceeded against ex parte---Respondents filed an application for setting aside ex parte proceedings, which was allowed---Petitioner filed civil revision before Appellant Court, which was dismissed---Held, that order for proceeding ex parte was passed on 07.12.2018, while the application for setting aside of the same was moved by the respondents on 23.01.2019---Rule 7 of O. IX of the C.P.C contemplates that where the Court adjourns the hearing of the suit ex parte, the defendant appears at or before such hearing and assigns a "good cause" for his previous non-appearance may upon such terms as the Court directs as to cost or otherwise, be heard in answer to the suit as if he has appeared on date fixed for his appearance---Objection as to limitation regarding application to set aside ex parte proceedings was legally unsustainable inasmuch as the application was filed on 07.12.2018 within the time prescribed by Art. 181 of the Limitation Act, 1908 and also before the final hearing of the suit--- Petition was dismissed, in circumstances.

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