Law: Civil Procedure Code (V of 1908)

Section: O.V,R.20

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

(a) Civil Procedure Code (V of 1908)---- ----O. V, R.20---Substituted service---Scope---Unless all efforts to effect service in the ordinary manner are verified to have failed, substituted service cannot be resorted to. 1996 SCMR 1703; PLD 1998 Lah. 118; 1995 MLD 170; 1993 CLC 2303 and 1984 CLC 2855 ref. (b) Civil Procedure Code (V of 1908)---- ----O. V, R.20---Substituted service, order of---Scope---Where, in spite of various efforts and issuance of notices on different dates, service could not be effected on the respondent, direction by Trial Court for substituted service was as effective as personal service---Trial Court, on failure of the respondent to appear after the substituted service was effected, could hear the suit ex parse. PLD 1979 SC 18; 1993 MLD 54, 1988 CLC 292 AND PLD 1975 Azad J&K 122 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)---- --S.15---Civil Procedure Code (V of 1908), O.V, R.20---Ejectment of tenant---Default in payment of monthly rent ---Pagri, proof of---Adjustment of amount of Pagri against rent due---Ex pane proceedings against tenant--­Despite repeated notices issued by the Rent Controller, tenant did not appear in the Court---Tenant remained absent from Trial Court even after issuance of substituted service---Rent Controller ordered for ejectment of the tenant and order was upheld by High Court---Contention raised by the tenant was that Rent Controller failed to adjust the amount of "Pagri" paid to the landlady against the rent due---Validity---Where the receipt of "Pagri" produced by the tenant was unsigned and undated, the tenant failed to prove that such amount was paid to the landlady and the receipt had been rightly discarded by the Rent Controller---Amount of Pagri could not have been adjusted against rent---No illegality or irregularity had been committed either by the Rent Controller or by the High Court and ex parte decree was passed after completion of all necessary formalities as envisaged in O. V, R.20, C P.C. ORDER JAVED IQBAL, J.---This civil petition for leave to appeal is directed against judgment, dated 26-10-1999 passed by learned Single Judge of High Court of Sindh, Karachi, whereby appeal filed…

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