ABDUL KARIM KHAN KUNDI, CJ. ---This writ petition arises in the background of facts that Syed Usman Bacha respondent No. 1 has obtained an ex parte decree as against his father Syedul Abidin Bacha. Writ petitioners' father had allegedly purchased the suit property from Syedul Abidin Bacha prior in time to the ex parte decree. Their father made an application for setting aside of the ex parte decree. He, however, died pending the proceedings in application and petitioners were impleaded as applicants instead. The trial Court set aside the ex parte decree but the Additional Commissioner and the Additional Secretary Home upset the order of the trial Court and maintained the ex parte decree.
2. We posed to the learned counsel for the petitioners that a person not being a party to the ex parte decree cannot approach the same forum for setting aside of the ex parte decree. If a third person is, however, to challenge the validity of a decree he has to make an application under section 12(2), C.P.C. If the said provisions have been extended in application to PATH or by a separate suit as provided in section 12, C.P.C. Unamended. We have found his application for the setting aside of the ex parte decree as not maintainable. We could not entertain his writ petition and resultantly the same is hereby dismissed with no order as to costs. C.M. Is also disposed of along. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.