RASOOL KHAN and 13 others vs Mst. KHURSHID BEGUM and 7 others

This matter originated from a petition for leave to appeal filed against the setting aside of an ex parte decree at the instance of the respondents/defendants. The core legal question before the Supreme Court of Pakistan concerned the validity of the order setting aside the ex parte decree. Upon hearing arguments from the counsel for the petitioners, the Court found that the petitioners were unable to distinguish or overcome the legal precedent established by this Court in the case of Messrs Rehman Weaving Factory (Regd.) Bahawalnagar v. Industrial Development Bank of Pakistan (PLD 1981 Supreme Court 21). The Court held that the rule laid down in that cited authority was directly applicable and adverse to the petitioners' position. Consequently, the Supreme Court dismissed the petition for leave to appeal, determining that it lacked any legal force or merit. The judgment reinforces the principle of stare decisis, affirming that established precedents regarding the setting aside of ex parte decrees must be followed by lower courts and litigants, thereby precluding the petitioners' challenge in the present circumstances.