1. ' Petitioner through this Constitutional petition has taken exception to the order, dated 5-4-1989 whereby his application filed under Order 9, Rule 7, C.P.C. For setting aside ex parte order was dismissed.
2. ' It is the case of the petitioner that a suit was filed for recovery of Rs,2,42,700 by respondent National Bank of Pakistan on 21-6-1997. The petitioner filed an application for leave to defend within time and an unconditional leave was granted vide order, dated 21-10-1998, Subsequent thereto the petitioner filed written statement on 15-12-1998 and the case was adjourned to 19-1-1999, for replication. Again case was taken up after Eid-ul-Fitr on 19-1-1999 and was adjourned to 20-2-1999 for filing of rejoinder. However, on the adjourned date i,e,, 20-4-1999 the petitioner did not appear as such ex parte order was passed. The petitioner moved an application under Order 9, Rule 7, C.P.C. For setting aside ex parte order which application according to the learned counsel was dismissed through order, dated 5-4-1999. Hence this Constitutional petition.
3. ' I have considered the contentions and have gone through the documents appended with this petition. It is reflected from the perusal thereof that the petitioner under some misconception could not attend the proceeding on 20-2-1999 as he wrongly incorporated dated as 27-2-1999 in his diary. It is consistent policy of the superior Courts that the cases should be decided on merits and technical knock-out be sparingly resorted to. The interest of justice demands that an opportunity of hearing be accorded to the petitioner to put up his case. Accordingly order, dated 5-4-1999 is hereby set aside and the case is remitted to the learned Banking Judge where the parties are directed to appear on 12-5-1999. The petitioner shall pay Rs,500 as costs to the respondent.