2023 SCMR 159
Civil Procedure Code ( V of 1908 ) ---
---- O . IX , R. 13 --- Ex - parte decree and judgment --- Application for setting aside ex - parte.decree and judgment , dismissal of- .. At the stage of recording the evidence , the petitioner - defendant stopped appearing , and thus , the Trial Court proceeded ex - parte against him , and subsequently , by its judgment issued a decree in favour of the respondent - plaintiff --- Petitioner applied under Order IX , Rule 13 , C.P.C. to set aside the ex - parte decree taking the stance that there was an attempt to compromise between the parties and he was told by the respondent that the suit had been withdrawn , and under this impression , he did not appear in the proceedings --- Held , that petitioner did not attach any compromise deed with his application ( under Order IX , Rule 13 , C.P.C. ) nor did he mention the details of the terms and conditions of the alleged compromise in his application nor the date , time and name of the persons before whom it was made --- Secondly , he also did not mention in his application that he had told his counsel about the alleged compromise and instructed him not to appear before the Court , and thirdly , he had not disclosed any reason as to why he did not take any step to confirm the fact of withdrawal of suit from his counsel --- All such facts showed that the petitioner had deliberately chosen to refrain from joining the proceedings and displayed non cooperation with the Court and , therefore , he had no right to ask its indulgence and seek setting aside of ex - parte decree passed against him --- As such , his application deserved a summary dismissal as it was deficient in necessary material facts , and was vague in all respects , and appeared to be an attempt to cover up his misdeeds and negligence --- Petitioner could not be allowed to take advantage of his own wrong or negligence --- Petition for leave to appeal was dismissed and leave was refused ..
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