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MALIK, MUSHTAQ AHMAD
Qudrutullah – Appellant
Versus
Mohammad Kasim Khan – Respondent
JUDGMENT
Malik, CJ. - This is a defendant's appeal dismissing his application for setting aside a decree dated 28-3-1947. The plaintiff filed a suit for recovery of Rs. 8,846-56 on 12-4-1946. Summons were served on the defendant after more than one attempt. On the first date of hearing he was absent when the Court directed that the proceedings against him should be ex parte. After that order, the defendant applied for time to file a written statement. Again after several adjournments the written statement was filed and issues were framed on 31-8-1946. The Court fixed 11th October for the final hearing of the case, but the case had to be adjourned as the Court bad no time and 11-12-1946, was fixed for final hearing. The plaintiff summoned his witnesses for that date. They were examined and after the plaintiff had closed his case the defendant was called upon to produce his witnesses. His counsel was not there and at the request of the defendant the learned Judge granted a short interval and directed that he would take up the case after lunch. After lunch the defendant filed an application that he was misled by a talk of a settlement and did not, therefore, summon his witnesses for th
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