Law: Civil Procedure Code (V of 1908)

Section: S.12(2),151,O.V,R.17

Law: Civil Procedure Code (V of 1908)

Section: S.12(2),151,O.V,R.17

(a) Civil Procedure Code (V of 1908)-------S. 12(2) & O.V, R.17---Specific Relief Act (I of 1877), S.12---Constitution of Pakistan Art.199---Constitutional petition---Suit for specific performance of sale agreement---Application under S.12(2), C.P.C. for setting aside ex parte decree---Petitioner's plea that decree had been obtained by misrepresentation and fraud as neither he was served in suit nor his address mentioned in plaint was correct; that he came to know about decree during its execution; and that documents. enclosed with plaint were photocopies and forged---Order of Trial Court dismissing such application upheld by revisional court---Validity---Address of petitioner mentioned in the plaint and execution application was not the same---Petitioner and House Building Finance Corporation (HBFC) finding mention as -debtors in execution application were not party to suit---Respondent in fresh execution application had arrayed petitioner's wife as -debtor and deleted name of House Building Finance Corporation and petitioner---Bailiff's report showing petitioner not found at given address was held by Trial Court to be good service upon petitioner---Record showed that petitioner had never been served directly in suit--- No A/D or receipt of courier was available on record to prove issuance of summons to petitioner---Notices shown to be pasted did not find mention name, NIC number or signature of a respectable person of locality as witness---Neither any application nor any oral request was available on record for issuance of summons through publication---No explanation available on record of repetition of holding service good upon petitioner by same Presiding Officer---Rules of procedure meant to promote cause of justice could not be used as engine of oppression against party to suit---Question of genuineness of documents enclosed with plaint could be resolved only after recording evidence of parties and production of original documents before Trial Court---Production of original documents in evidence was mandatory in law, but respondent had produced only photocopies thereof---Respondent had obtained decree by deceitful manner on basis of forged,…

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