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Petitioner: Mst. NOOR JEHAN VS Respondent: Mst. RAZIA alias RAJJO
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: Mst. NOOR JEHAN vs Mst. RAZIA alias RAJJO Case No.: Civil Petition No,1106 of 1983 Date of Judgment:1988-09-13 Reported As: 1989 SCMR 597 Result: Leave to appeal refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal has been filed by a defendant in a money suit, against the dismissal by the High Court of her Civil Revision. The respondent's suit was decreed ex parte. The petitioner's application for setting aside of the ex parte decree was dismissed as time-barred. Her appeal and Civil Revision having failed, she has now sought leave to appeal. ' According to the facts stated at the bar a counsel for the petitioner had appeared before the trial Court in pursuance of service of summons. However, no one appeared from the petitioner's side on the relevant subsequent dates for which adjournment was sought for filing written statement and other proceedings. ' We have heard the learned counsel for the petitioner on the question relating to non-appearance before the trial Court and the application for setting aside of the ex parte decree being time- barred and the other merits of the case. Even if it be assumed that it is a fit case for examination of the question whether the petitioner's application for setting aside the ex parte decree was time- barred, it would still not be a fit case for the grant of leave to appeal. Neither nonappearance before the trial Court has been sufficiently explained nor there is any reason to deny the relief claimed by the respondent which was allowed to her by the trial Court. Accordingly, leave to appeal is refused.