--- Art. 199 – Constitutional petition – Ex-parte decree –
Application for setting aside of ex-parte decree—petition was dismissed for non-prosecution
– Ex-parte proceedings were initiated against respondent hence an application
was moved by her to set aside proceedings – Due proceedings in the application were
in progress, but due to absence of petitioner, his petition for setting aside of
ex-parte decree was dismissed –it has been observed that trial Court, towards
passing order, whereby during proceeding in an application moved by respondents
for setting aside exparte proceedings was dismissed -- Even when an application
for restoration of petition for setting aside of ex-parte decree was moved, it
was also turned down – Decision of the matter would be made on merit in
accordance with law, after recording pro and contra evidence of the parties and
technicalities would be avoided.
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