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Citation: 1970 SCMR 251
Court: Supreme Court of Pakistan
Year: 1969
Decision Date: 1969-12-31
Parties: MESSRS LANDHI INDUSTRIAL TRADING ESTATES LTD., KARACHI vs GOVERNMENT JUDGMENT
Case cited as 1970 SCMR 251
Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title:MESSRS LANDHI INDUSTRIAL TRADING ESTATES LTD., KARACHI vs GOVERNMENT JUDGMENT Reported As: 1970 SCMR 251 Result: Petition dismissed Judgment JUDGMENT SAMAD AHMAD, J.-This petition for special leave to appeal is directed against the decision of a Division Bench of the High. Court of West Pakistan (Karachi Seat) made in revisional jurisdiction under section 115 of the Civil Procedure Code, refusing to interfere with the order of the Second Civil Judge, First Class, Karachi, whereby an ex parte decree earlier granted by him to the petitioner (Messrs Landhi Industrial Trading Estates Ltd. Karachi) against the respondent (Government of West Pakistan) was set aside. The ex parte decree aforesaid was obtained by the petitioner in a suit which it had filed against the Karachi Development Authority and the Government of West Pakistan, defendants 1 and 2, respectively, on the 20th of May 1964, for a declaration that it was immune from imposition of tax under the West Pakistan Urban Immovable Property Tax Act and for a permanent injunction to restrain the defendants from recovering the same. According to the Court diary (copy-on-record, Exh. G) the order recorded on the 30th of may 1964, shows that defendant No. 1 was unserved by that day but defendant No. 2 was absent in spite of service. It further appears that defendant No. 2 remained absent throughout until the ex parte…
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