The appeal against the order of dismissal under A. XLIII, R 3 and O IX, R 13 and IX, the non-service of notice to respondents for issuing a pre-parte decree to R 13 was that from filing an appeal. The services of the first respondent were compulsory. Order XLIII, R 3, CPC validation requirement will apply only if the case is still pending but not in the case when the case has already been decided and if the defendant has filed the petition. If present to defend a claim against the payer, such offer would be equivalent to a waiver of notice, in the present case, which was not pending at the time the appeal was filed. Respondent was also present, which, in the circumstances, is equivalent to waiving notice even if it is necessary to issue. The appeal was viable
Related judgments — Karachi High Court Sindh, 2013
