Unilateral action occurs when the defendant does not appear even after repeated notices are sent by the court.  Sometimes the defendant also objects to the proceedings to prolong the proceedings and to cause undue hardship to the plaintiff.  Then when a unilateral decision starts to be made, they suddenly appear and request to submit a counterclaim.  But the court also does not allow this tactic to be successful because of the reason for the delay. Legislation has also been made in this regard. Often the reason for the delay in the cases is that the defendants are not present and when the case starts unilaterally, the  Aaliyah suddenly appeared and requested to reopen the case. Now after the issuance of ex parte degree, the defendant is given 30 days to present his position in the court and that too.  If the defendant can satisfy the court.  Two clauses 7 and 8 have been added to section 9 of the Family Courts Act, 1964 to eliminate the plea of ​​the defendant that he did not discover or belatedly came to know of the unilateral degree against him.  According to him, the International Court of Justice will send its notice to the defendant with a certified copy of the degree within 3 days of issuing the unilateral degree.  The notice and the certified copy of the degree shall be sent by return registered post, courier service or by such other means as may be appropriate.  Absence of the defendant may be disregarded in the following cases.


 The defendant did not know the date of hearing or trial.


 The notice has not been complied with.


 Council's error or wrong date is entered in the diary.


 Hearing during strike or holiday.  Due to the death of a close loved one.


 Any other reasonable cause.


 The main purpose of the Family Court Act, 1964 is to facilitate the parties who seek to obtain their rights.  Family Court Act 1964

 Section (5) 9 of the Act makes it clear that when the appellant does not appear on the appointed date of the court, ex parte action shall be taken against him.  Section (5) 9 makes it clear that if unilateral proceedings have been taken against the appellant and he gives reasonable reasons for his absence, the unilateral proceedings shall be quashed.  Section (6) 9 of the Act also provides the period within which an application may be made to set aside the degree of ex parte proceedings and when it is proved that the notice has not been served on the defendant or that he has failed to appear on the day of hearing.  If there is reason, the court will cancel the unilateral action.


 2022 CLC 479 Peshawar


 Presenter appealed against the order of the lower courts to set aside the judgment and degree issued after the ex parte proceedings against him.  Jurisdiction The courts upheld the fact that the pensioner had knowledge of the unilateral award and award and the petitioner's application for annulment of the award and award was barred by statute of limitations.  Under Rule 13 of the Family Court Rules, 1965, the limitation period against ex parte judgment and degree is 30 days.  This has been held to be in excess of statutory authority in the Supreme Court decision (747) SCMR 1988. The Supreme Court held that the decision of any legal question is applicable to all State institutions and the lower courts have violated this.  It is a serious mistake.  The respondent has not denied that the chak (village) number of the petitioner is wrongly written in the plaint.  The reasons given by the petitioner for canceling the unilateral claim were very reasonable.  The constitutional petition was granted and the trial court was directed to remand the verdict and degree hearing.

 2020 CLC 808 Lahore High Court: