ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. S – 1938 of 2015

Date of hearing

Order with signature of Judge

For direction / disposed of matter

For hearing of CMA No.3000/2018 (Restoration)

(Intimation notice issued to advocate)

03.09.2018

Mr. Muhammad Nawaz Kazi, Advocate for the petitioner.

Mr. Noor Hassan Malik, Assistant Advocate General Sindh.

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This petition is arising out of an application under Section 9(6) Family Courts Act and ex-parte decree was passed against the petitioner. The suit for dissolution of marriage and recovery of dowry articles was filed. Notice and summons were issued, however, the record shows that despite service, petitioner / defendant failed to appear. The judgment and decree was passed on 03.08.2013. Subsequently, an application under Section 9(6) Family Courts Act was filed, however, it was nowhere disclosed in the application as to how the petitioner came to know about the judgment and decree impugned in the application. Para 5 disclosed that he came to know through reliable sources, however, such sources were not disclosed. No doubt, the best disposal should always considered to be on merits but if a party choses not to appear in defiance of the orders and issuance of notices and summons, and then does not disclose the source of knowledge as in the instant case, then no indulgence is required. Suit for dissolution of marriage by way of khulla and recovery of dowry articles was decreed. The list of the dowry articles is available on record and it only includes normal routine dowry articles, which were around two lacs. The petition as such does not require any interference, thus, the restoration application is dismissed.

J U D G E

Abdul Basit