ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

     Constt.Petition No.S-100 of 2023.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection “A”.

2. For orders on M.A.No.237/2023.

3. For orders on M.A.No.288/2023.

4. For orders on M.A.No.238/2023.

5. For orders on maintainability of main case.

08.05.2023

                        Mr. Ghayoor Abbas Shahani, Advocate for the petitioner.

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                        The facts in brief necessary for disposal of instant petition are that the respondent filed a suit for recovery of dowry articles and maintenance against the petitioner before learned Family Judge, Larkana; though it was decreed ex-parte yet was challenged by her by preferring an appeal before District Court, Larkana and in the meanwhile the petitioner has impugned the same before this Court by preferring the instant petition.

                        It is contended by learned counsel for the petitioner that the respondent has obtained the ex-parte decree in her favour by practicing fraud; therefore, it is to be examined by this Court in exercise of its constitutional jurisdiction.

                        Heard arguments and perused the record.

                        Admittedly, the subject decree is ex-parte. If the petitioner is having feeling that it is obtained by the respondent by preventing him from its contest then subject to limitation, he has an alternate, adequate and efficacious remedy to get the same set aside by filing an application either U/S. 9 (6) of Family Court Act, 1964 or U/R. 13 of West Pakistan Family Court Rules, 1965, as the case may be. None of such remedy, the petitioner has exhausted, therefore, his action by approaching this Court directly for setting aside of such ex-parte decree in exercise of its constitutional jurisdiction that too in presence of an appeal which is pending adjudication before District Judge, Larkana, would be unjustified and contrary to the mandate of law. Consequently, the instant petition is dismissed in limine together with listed applications.

                              JUDGE