1. This is an application under 'section 115, C.P.C. Arising out of the judgment passed by District Judge, Karachi (East) in Civil Miscellaneous Appeal No. 140 of 1989 on 10th November, 1989 whereby the appeal was dismissed by him.
2. The facts giving rise to the present application are that the respondent Muhammad Yousuf had filed a suit for declaration and injunction against applicant in the Court of VIth Senior Civil Judge, Karachi (East). Alongwith plaint the plaintiff had also filed an application under Order 39, Rules 1 and 2, C.P.C. Which was resisted by the applicant. It is the case of Mr. Naziruddin Qazi, Advocate for the applicant that sufficient time was taken by the Trial Court in hearing and deciding that application. Applicant throughout remained under the impression that the suit was being fixed for passing orders on the application and no written statement was filed. All of sudden the applicant came to know that an ex parte order was passed by the Trial Court and it resulted in ex parte judgment and decree against them. The applicant filed an appeal against such judgment and decree but did not succeed in his appeal before the District Judge, Karachi (East). It is against the order passed in appeal that the present application has been filed. According to him both the Courts below have committed an error by depriving the applicant of the right to effectively defend the suit.
3. Mr. Muhammad Ikram Siddiqui, Advocate for the respondent has pointed out that the applicant had not filed the written statement for over ten months and they have been negligent in pursuing the suit. He, however, contended that in case the revision application is allowed the respondent will be entitled to costs.