ABDUL RASHID versus ABUL SHAMIM

OV, r 17 and O 1X, r 13 neither submitted an affidavit in support of their validation on bail, nor did the court examine it on the oath 3 service, the effect of which was in accordance with the provisions of Declaration 19 Did not happen and was declared illegal, the former party decree issued and then set aside [decree]

1981 C L C 550

[Karachi]

Before Zaffar Hussain Mirza, J

ABDUL RASHID‑Applicant

versus

ABDUL SHAMIM AND ANOTHER‑‑Respondents

Civil Revision No. 72 of 1978, decided on 22nd September 1980.

(a) Civil Procedure Code (V of 1908)‑‑

‑‑ O. V, r. 17 & O. 1X, r. 13‑Neither bailiff filing affidavit in support of his endorsement on summons nor Court examining him on oath‑ ‑3ervice, held, not effected or declared in terms of provisions of r. 19 and being invalid, ex parte decree founded thereupon set aside‑[Decree].

Mehboob Jan v. Sher Afzal P L D 1952 Lah. 552 rel.

(b) Limitation Act (IX of 19081 )----

------ Art. 164‑Limitation‑Ex parte decree‑Limitation for application to set aside ex parte decree, held, commences from date of applicant's knowledge of ex pane decree.‑‑[ Decree].

Shakir Naqshbandi for Applicant.

S. Karmani for Respondents.

Date of hearing : 22nd September 1980.

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