Law: Civil Procedure Code (V of 1908)

Section: O.V,R.15,20,O.IX,R.6,13

Law: Limitation Act, 1908

Section: 164

(a) Civil Procedure Code (V of 1908)--- ----O. V, R.20---Substituted service---Conditions precedent to be fulfilled by court stated. The question of substituted service would arise only when the conditions listed in O.V, Rule 20, C.P.C. are fulfilled. The condition precedent is that the court should be satisfied and has reasons to believe that defendant is keeping out of the way for the purpose of avoiding the service or that for any other reason the summons cannot be served in the ordinary way, then Rule 20(1)(e) of Order V, C.P.C. is to be invoked. (b) Civil Procedure Code (V of 1908)--- ----O. V, Rr. 15, 20 & O. IX, R. 13---Application for setting aside of ex parte decree---Service of summons upon defendant by affixation of its copy on outer door of defendant and through publication in a local newspaper---Defendant's plea was that he resided in England and was not duly served---Validity---Nothing was available on record to show that process server had affixed summons on outer door of defendant---Evidence on record showed that process server had handed over summon to a family member of defendant---Substituted service without complying with provisions of O.V, R.15, C.P.C. would not be proper---Evidence showed that plaintiff knew at time of filing suit that defendant was residing abroad, thus, substituted service of defendant was not proper---Proclamation had been issued in a local newspaper having no wide circulation---Ex parte decree was set aside in circumstances. Zaran Begum v. Saidal Khan PLD 1975 AJK 122; Muhammad Faryad v. Muhammad Asif PLD 1993 Lah. 469; Haji Akbar and others v. Gul Baran and 7 others 1996 SCMR 1703; Akhtar and Hafmann Ltd. v. Messrs ULBRICHT'S WWE, GES, M.B.H AUSTRIA and others 1991 SCMR 1284; National Bank of Pakistan v. Bawany Industries Ltd. and 6 others 1989 CLC 363; Ch. Muhammad Altaf and another v. Muhammad Sadiq and 9 others PLD 2004 SC (AJ&K) 45; Messrs Rehman Weaving Factory (Regd.) Bahawalnagar v. Industrial Development Bank of Pakistan PLD 1981 SC 21 and Syed Muhammad Anwar v. Sheikh Abdul Haq 1985 SCMR 1228 ref. Muhammad Aslam v. Additional District Judge, Rawalpindi and others 1979 SCMR 85; Mazhar Ali Shah's case…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492