CAPITAL DEVELOPMENT AUTHORITY (CDA), through Chairman, Islamabad vs Dr — 2026 SCMR 1033 SUPREME-COURT

Case information

Citation: 2026 SCMR 1033 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: CAPITAL DEVELOPMENT AUTHORITY (CDA), through Chairman, Islamabad vs Dr
Subject matter: Civil

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

CAPITAL DEVELOPMENT AUTHORITY (CDA), through Chairman, Islamabad VS Dr. SHEIKH MUHAMMAD SHOAIB SHAFI. O.IX, R.13---Ex-parte decree---Setting aside of---Sufficient cause---In case an ex-parte judgment/decree is passed, the defendant may apply to the Court for setting it aside and if he satisfies that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit---However, according to the attached proviso, no decree passed ex parte shall be set aside merely on the ground of any irregularity in the service of summons, if the Court is satisfied, for reasons to be recorded, that the defendant had knowledge of the date of hearing in sufficient time to appear on that date and answer the claim---The expression “sufficient cause” has been left to the wisdom, good sense and discretion of the Court.

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