GUL REHMAN AND OTHERS vs MUHAMMAD YAQOOB KHAN AMD OTHERS
This matter arises from a petition for leave to appeal directed against the judgment of the Peshawar High Court, which dismissed the petitioners' civil revision against a civil court's order setting aside an ex parte decree previously passed in their favour. The core legal question concerned whether the trial court's finding that the defendants were not at fault and had shown sufficient cause for setting aside the ex parte decree warranted interference. The Supreme Court held that the contentions raised by the petitioners pertained purely to factual aspects and that the findings of the lower courts suffered from no legal infirmity. Consequently, the Court dismissed the petition, laying down the principle that concurrent factual findings regarding sufficient cause for setting aside an ex parte decree, free from legal infirmity, do not invite interference or leave to appeal before the Supreme Court.
- Whether concurrent factual findings regarding sufficient cause for setting aside an ex parte decree warrant interference in civil revision?
- Does a petition for leave to appeal lie against concurrent factual findings that involve no substantial point of law?
- Are defendants-judgment-debtors entitled to have an ex parte decree set aside upon showing sufficient cause and lack of fault?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from judgment, dated 6-11-1963 for the Peshawar High Court ; whereby the petitioners' Civil Revision (against the order of a civil Court setting aside an ex parte decree earlier passed in petitioners' favour) was dis, missed.
2. ' After affording due opportunity to the petitioners the learned trial Judge found as a fact, that the defendants-judgment-debtors were not in the fault and that sufficient cause had been shown for setting aside the ex parte decree.
3. Learned counsel for the peritioners raised arguments regarding factual aspects. No point of law worth examination by this Court is involved. The findings in favour of the respondents do not suffer from any infirmity. This petition is dismissed.