Legal Question in Family Law in Pakistan

against exparty set asid application

i have filed a family case in which defenant after giving written statement absent since long period about 4 months now the metter is in exparty evidence and he came and have given an application for setting aside the expart proceeding .what remidies are in hand with the plaintiff ?under what law defendant's application may be rejected/dismissed?what is procedure ? please give logical and legal ansawer


Asked on 4/06/09, 1:21 pm

1 Answer from Attorneys

Re: against exparty set asid application

The court are supposed to observe and decide the cases on merit and actually does so and mere technical knock outs are discouraged. in your case if the defendant have forwarded cogent reasons for his /her absence from the court or that what actually kept him /her away from the court case, than court shall consider the excuses forwarded/and condone with the absence and may allow him to proceed.

or other wise right of appeal is there to restore the defence.

i advise be patient and let the case be decided on merit rather than on a technical ground.

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Answered on 4/07/09, 10:23 am


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