Syed LEHAZULLAH vs HOUSING DIRECTOR through Housing Director General S — 2025 PLD 97 PESHAWAR-HIGH-COURT

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Syed LEHAZULLAH VS HOUSING DIRECTOR through Housing Director General S. 12(2) & O. IX, R. 13---Dismissal of suit in default---Application for recalling of dismissal order---Dismissal of said application for non-prosecution---Subsequent application under S. 12(2) of C.P.C.---Maintainability---When the remedy under O. IX, R. 13, C.P.C. was availed and the application was dismissed for non-prosecution, the petitioner was required to submit the application for restoration of the application which was dismissed for non-prosecution, but he filed the application and had sought setting aside ex-parte decree through revival of the suit by filing an application under S. l2(2), C.P.C.---Application under S. 12(2), C.P.C. and revival of suit in consonance with sub-clause (2) of S. 12 is for an aggrieved person but on the ground of fraud, mis-representation and want of jurisdiction---Application under S. l2(2), C.P.C was not a substitute for the application for setting aside decree under O. IX, R. 13, C.P.C., rather grounds of the application under S. 12(2) C.P.C., were different to the application, which could be seen and adjudged within the four corners provided by the legislature---No doubt, suit of the respondent/plaintiff had been decreed against the petitioner ex-parte but due to lethargic attitude of the petitioner/defendant---Record also reflected that the suit of the plaintiff for recovery of a specific amount was also dismissed for non-prosecution---No doubt, in appropriate cases, application filed under S. l2(2), C.P.C., required submission of written reply, framing of issues and recording of evidence but not in each case, as it depended upon facts and circumstances of each case---Revision was dismissed with costs accordingly. Citation Name: 2025 PLD 97 PESHAWAR-HIGH-COURTBookmark this Case Syed LEHAZULLAH VS HOUSING DIRECTOR through Housing Director General S. 12(2)---Dismissal of suit in default---Application for recalling of the dismissal order---Dismissal of said application for non-prosecution---Subsequent application under S. 12(2) of C.P.C.---Application under S. 12(2) of C.P.C was concurrently rejected---Pendency of revision petition before the High Court for a long time due to conduct of revision petitioner---Effect---Costs, imposition of---High Court observed that frivolous litigations are initiated by parties without any locus standi---Present case was one of the classic examples where present application remained pending before this (High) Court for the last six years where on each date, the petitioner requested adjournment---On one hand, frivolous litigation may cause and increase the backlog and on the other hand, it creates hurdle in smooth administration of justice and for such like matters it was held time again by the Superior Courts that incompetent petition requires its burial from its inception---Petitioner had availed remedy under O. IX, R. 13 and lastly, he filed application under S. 12(2), C.P.C. which was not maintainable---Hence, it was rightly dismissed by the lower Court---In wake of the conduct of the petitioner for the last six years, costs of Rs. 50 000/- was imposed on him, to be recovered by the Executing Court along with decreetal amount---Revision was dismissed with costs accordingly. Citation Name: 2025 PLD 97 PESHAWAR-HIGH-COURTBookmark this Case Syed LEHAZULLAH VS HOUSING DIRECTOR through Housing Director General First Sched., art. 164---Civil Procedure Code (V of 1908), O. IX---Setting aside ex-parte decree---Limitation---Once a person appears, participates in proceedings, submits written statement and later on absents himself from proceedings, which results into ex-parte decree, application for setting aside of such ex-parte decree will have to be submitted within a period of thirty days as provided in art. 164 of the Limitation act, 1908.

Syed LEHAZULLAH vs HOUSING DIRECTOR through Housing Director General S — 2025 PLD 97 PESHAWAR-HIGH-COURT

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