| Case ID |
ec94c955-54d5-4099-a467-5dee0737141d |
| Body |
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| Case Number |
Civil Revision Application No. 109 of 1977 |
| Decision Date |
Jan 28, 1979 |
| Hearing Date |
Jan 28, 1979 |
| Decision |
The court held that the ex parte order imposed a condition of either depositing or furnishing security in lieu of the decretal amount in court before hearing the application made by the appellant for setting aside the ex parte order. This order was found to suffer from material irregularity and was set aside. Additionally, it was determined that the provisions of O. XXI, r. 23 A were not applicable to the facts of the case. |
| Summary |
The Sindh High Court addressed the case regarding the vacation of an ex parte order under the Civil Procedure Code. The court determined that the conditions imposed were irregular and set aside the order. This case emphasizes the importance of procedural correctness in civil litigation and the rights of parties in the context of ex parte decrees. Keywords such as 'Civil Procedure', 'Ex Parte Order', 'Sindh High Court', and 'Legal Rights' are crucial for understanding the implications of this decision and its relevance in civil law practice. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAFEEZ MEMON, J
|
| Lawyers |
S. M. Gharib Nawaz,
Ahsanali T. Khawaja
|
| Petitioners |
RAZA ANSARI
|
| Respondents |
MAULA BAHHSH
|
| Citations |
1979 SLD 191,
1979 PLD 568
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
115,
O. IX, r. 13,
O. XXI, r. 23 A
|