IN THE COURT OF MR.

IFTIKHAR AHMED,
CIVIL JUDGE LAHORE

In re:
Muhammad Yaqoob etc. VERSUS Khalid Bin Yousuf etc.

(Suit for Declaration and Mandatory Injunction

with Consequential relief)

APPLICATION UNDER ORDER 9 RULE 7, ORDER 17 RULE 1

READ WITH SECTION 151 CPC FOR SETTING
ASIDE THE EX-PARTE ORDER DATED
19.07.2006

Respectfully Sheweth:

1. That the above titled case is pending adjudication

before this Honourable Court, which is fixed for
remaining evidence of the plaintiffs for 13.12.2006.
2. That the present suit is being contested by the
petitioner / defendant No. 1 who has filed his written
statement and from the pleadings of the parties the
issues were framed on 24.01.2006. On 22.03.2006 and
05.05.2006 this Honourable Court was on leave,
therefore, on the next date of hearing i.e. 15.06.2006
the evidence of one witness was recorded in the
absence of the counsel of the petitioner and the case
was adjourned to 19.07.2006. On 19.07.2006 when the
counsel of the petitioner / defendant was awfully busy in
his professional duties, therefore, he could not appeared
for cross-examination of the witness who was already
examined. The witness was also not present, therefore,
it was essential the case may be adjourned to some
other date but inspite of this fact the learned Court
proceeded ex-parte on 19.07.2006 and the case was
adjourned to 11.09.2006. On 11.09.2006 the learned
Court was on leave nor the witnesses were present for
cross-examination, therefore, the case was adjourned
on 27.09.2006 and further it was adjourned to
14.11.2006 and now the case is fixed for ex-parte
evidence of the plaintiffs.
3. That the absence of counsel of the petitioner is not
intentional nor deliberate but due to the circumstances
either the learned court remained on leave or the
evidence of the plaintiff was not present, therefore, the
petitioner or his counsel are not negligent to defend the
case.
4. That the huge property is involved in the matter,
therefore, if an opportunity of being heard to the
petitioner is not granted he shall suffer irreparable loss
and injury.
5. That even otherwise the petitioner could join the
proceedings as required by law.
6. That if the ex-parte proceedings are not set aside, it
tantamount to denial of justice.

It is, therefore, most respectfully prayed

that record of the case be called for, notice be
issued to the respondents / plaintiffs and the
ex-parte order dated 19.07.2006 passed by this
Honourable Court may be set aside and the
petitioner be heard and the case be decided on
merits in the interest of justice and equity.

Petitioner

Through

Dated: 07.01.2007
RAJA MUHAMMAD MUNIR
Advocate High Court
Aiwan-e-Adal, Lahore.
 IN THE COURT OF MR. IFTIKHAR AHMED,
CIVIL JUDGE LAHORE

In re:
Muhammad Yaqoob etc. VERSUS Khalid Bin Yousuf etc.

(Suit for Declaration and Mandatory Injunction

with Consequential relief)

(APPLICATION UNDER ORDER 9 RULE 7, ORDER 17 RULE 1 READ WITH

SECTION 151 CPC FOR SETTING ASIDE THE EX-PARTE
ORDER DATED 19.07.2006)

AFFIDAVIT OF KHALID BIN YOUSUF son of Muhammad

Yousuf resident of Mouza Roranwala, Tehsil &
District, Lahore, do hereby solemnly affirm and
declare as under:

1. That the contents of the accompanying application may kindly

be read as integral part of this affidavit.
2. That the contents of the accompanying application are correct
and true to the best of my knowledge and nothing has been
concealed therefrom.

Deponent

VERIFICATION

Verified on oath at Lahore on this 5th day of January 2007 that the contents of the
above affidavit are correct and true to the best of my knowledge and nothing has
been concealed therefrom.

Deponent