MUKHTIAR HUSSAIN vs Mst — 2023 SCMR 159 SUPREME-COURT

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MUKHTIAR HUSSAIN VS Mst. SHAFIA BIBI O. IX, R. 13---Ex-parte decree and judgment---Application for setting aside ex-parte decree and judgment, dismissal of---At the stage of recording the evidence, the petitioner-defendant stopped appearing, and thus, the Trial Court proceeded ex-parte against him, and subsequently, by its judgment issued a decree in favour of the respondent-plaintiff---Petitioner applied under Order IX, Rule 13, C.P.C. to set aside the ex-parte decree taking the stance that there was an attempt to compromise between the parties and he was told by the respondent that the suit had been withdrawn, and under this impression, he did not appear in the proceedings---Held, that petitioner did not attach any compromise deed with his application (under Order IX, Rule 13, C.P.C.) nor did he mention the details of the terms and conditions of the alleged compromise in his application nor the date, time and name of the persons before whom it was made---Secondly, he also did not mention in his application that he had told his counsel about the alleged compromise and instructed him not to appear before the Court, and thirdly, he had not disclosed any reason as to why he did not take any step to confirm the fact of withdrawal of suit from his counsel---All such facts showed that the petitioner had deliberately chosen to refrain from joining the proceedings and displayed non-cooperation with the Court and, therefore, he had no right to ask its indulgence and seek setting aside of ex-parte decree passed against him---As such, his application deserved a summary dismissal as it was deficient in necessary material facts, and was vague in all respects, and appeared to be an attempt to cover up his misdeeds and negligence---Petitioner could not be allowed to take advantage of his own wrong or negligence---Petition for leave to appeal was dismissed and leave was refused.

MUKHTIAR HUSSAIN vs Mst — 2023 SCMR 159 SUPREME-COURT

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