NAJAF SHAH through Akbar Ali Shah Versus AHALIAN MOUZA KHALTARO Muhammad Issa , Shafqat Wali

ORDER

1. This petition has been directed against the order dated 19-5-2009 passed by the Chief Court in a civil revision arising out of a suit in which an ex parte decree was passed. The Chief Court while setting aside the ex parte decree dated 11-10-2003 passed by the Court of first instance which was upheld by Additional District Judge Gilgit in appeal vide Judgment dated 30-8-2007, allowed the civil revision with the direction to the trial Court to provide the respondent/defendant in the suit a single chance for adducing the evidence.

2. The learned counsel for the petitioner contended that the trial Court instead of passing ex parte decree should have proceeded under Order XVII, rule 3, C.P.C. and has prayed for acceptance of this petition with modification of decree accordingly.

3. The learned counsel for respondents has opposed this petition with assertion that, Chief Court in exercise of its discretionary jurisdiction directed to provide a chance to the respondent for adducing evidence, therefore, the interference of this Court in the matter would not be proper. The learned counsel for the parties however, during the course of arguments have agreed for disposal of this petition in the following manner:-

4. "The trial Court will provide one chance to the respondent to adduce evidence as directed by the Chief Court and in case of his failure to produce evidence, the ex parte decree passed by the trial Court would be deemed to be holding the field."

5. In view thereof, we disposed of this petition with the consent of learned counsel for the parties, with direction that if respondents fails to produce evidence on the date to be fixed by the trial Court in terms of order of Chief Court, the ex parte decree passed on 11-10-2003, by the trial Court will hold field. The order of Chief Court with above terms stands modified and this petition is disposed of accordingly.

6. M.H. /22/Glt. Order accordingly.