1976 PLD 422 SUPREME-COURT

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AYUB KHAN VS FAZAL HAQ Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Settlement Scheme No. V--TERM , S. 13 read with Civil Procedure Code (V of 1908), O. IX, r. 13 Ex parte order, setting aside of-Contention that tenants at all stages alleged service having been fraudulently effected, and fraud vitiating all proceedings, tenants-appellants entitled to challenge ex parte order of eviction at any stage--Held, even on assumption of order being obtained fraudulently, order had to be challenged in manner prescribed by law - Rent Controller in dismissing application for setting aside ex parte decree observing that despite pleading fraud appellant appearing as witness before him did not say a word about fraud-Evidence neither misread by Rent Controller nor such finding being one of fact liable to be reopened in Supreme Court, contention not tenable.