ALI BAQAR NAJAFI, J. - Briefly the facts relevant for the disposal of this civil revision are that on 20.11.1993 an amount of Rs. 2,30,000/- was received by the petitioner from the respondent, out of which a sum of Rs. 70,000/- was paid and the remaining amount due was Rs. 1,60,000/-.
Resultantly, a suit ,for the recovery of the amount was filed on 18.11.1996 wherein after initiating ex- parte proceedings an ex-parte decree was passed on 18.3.1998. The execution petition was filed on 9.7.1999. Meanwhile, an application under Order IX, Rule 13, CPC was filed which was dismissed on 29.1.2002. The appeal preferred against the said order was also dismissed on 19.2.2004. Hence, this civil revision.
2. Learned counsel for the petitioner submits that incorrect address of the petitioner was given; that neither the stamp paper was purchased by the petitioner nor the document bears his signature; that proclamation order was issued on the very first date without adopting proper course. Prays for acceptance of the instant revision petition.
3. Learned counsel for the respondent submits that the only ground taken by the counsel for the petitioner is that no process was issued on correct address and the petitioner was proceeded ex- parte as he himself avoided the service; that the ex-parte proceedings were taken in accordance with law and the dictum laid down in die judgment reported as Mst. Afzal Begum and others Vs. Y.M.C.A. Through its General Secretary (PLD 1979 SC 18); that Order IX, Rule 6, C.P.C, was fully complied with to proceed against the petitioner.
4. I have heard the learned counsel for the parties and gone through the record.
5. Admittedly, the ex-parte decree was passed on 18.3.1998 and the application to set aside the said decree was filed on 17.12.1999 without disclosing as to how he got the knowledge of the said ex-parte decree. Moreover, the concurrent findings of fact in the circumstances do not require interference, particularly when the Thoha Mehram Khan, Tehsil Talagang, District Chakwal, was the address on both the plaint as well as on the application filed by the petitioner to set aside the ex- parte decree. Resultantly, this civil revision is dismissed being devoid of any force.