ALI MARDAN vs MAQBOOL AHMAD And Other
This matter originated from a petition for leave to appeal against the dismissal of a civil revision by the High Court, which arose from the recall of an ex parte decree previously granted in the petitioner's favour. The trial court had initially dismissed the respondent's application to set aside the ex parte decree, but the appellate court reversed this decision and remanded the case for trial. The petitioner challenged the appellate order in the High Court, which upheld the remand. Before the Supreme Court, the petitioner reiterated technical arguments regarding the setting aside of the ex parte decree. The Supreme Court, having considered the arguments and the precedent established in Messrs Rehman Weaving Factory (Regd.), Bahwalnagar v. Industrial Development Bank of Pakistan PLD 1981 SC 21, found no merit in the petitioner's attempt to avoid a trial on the merits. Consequently, the Court refused the leave to appeal, affirming that technical objections cannot be used to circumvent a trial on the merits of the case.
- Can a petitioner successfully challenge an appellate order remanding a case for trial on the basis of technical objections alone?
- Is a trial court's dismissal of an application to set aside an ex parte decree final if reversed by an appellate court?
ORDER
1. MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought by a 'plaintiff against the dismissal by the High Court of a civil revision. It had arisen out of the recalls of an ex parte decree earlier passed in petitioner's favour.
2. The trial Court had after the first round, on a remand, dismissed the respondent's application for setting aside the ex parte decree. This order, however, was reversed by the Appellate Court and the case was remanded for trial in accordance with law. The petitioner challenged appellate order in the High Court and having met failure has sought leave to appeal. Learned counsel reiterated the points/canvassed before the High Court. They were adequately dealt with. Due note was also taken of judgment of this Court in Messrs Rehman Weaving Factory (Regd.), Bahwalnagar v. Industrial Development Bank of Pakistan PLD 1981 SC 21. We also confronted the learned counsel, vis-a-vis the merits of the case as to why the petitioner is very keen to achieve success without trial. He merely repeated the technical points which were rightly repelled by the High Court. After hearing him at some length we do not consider it a fit case for grant of leave to appeal, the same accordingly is refused.