RAZA ANSAR versus MAULA BAKHSH

Section 115O IX, r 13 and O XXI, r 23 read before, the preceding order, the leave of the court before the plea granted by the appellant to set aside the former party in the court of leave, the deposit amount Imposes a condition for submission or submission. The order, held, was subject to material misconduct, and the provisions of O XXI, r 23 A, which did not apply to the facts of the case, were put forward [former injunction].

P L D 1979 Karachi 568

Before Abdul Hafeez Memon, J

RAZA ANSARI‑Petitioner

versus

MAULA BAHHSH‑Respondent

Civil Revision Application No. 109 of 1977, heard on 28th January 1979.

Civil Procedure Code (V of 1908)‑

S. 115 read with O. IX, r. 13 & O. XXI, r. 23‑A‑Ex parte order, vacation of‑Court imposing a condition of either depositing or furnishing security in lieu of decretal amount in Court before hear ing application made by appellant for setting aside ex parte order-- Order, held, suffered from material irregularity and set aside --Provisions of O. XXI, r. 23‑A, held further, not applicable to facts of case.‑[Ex parte decree].

S. M. Gharib Nawaz for Appellant/Petitioner.

Ahsanali T. KhaN,aja for Respondent.

Date of hearing : 28th January 1979.

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