Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 4---Limitation Act (IX of 1908), Arts.159 & 181---Application for setting aside of ex parte decree passed in suit for recovery of money on basis of pro note---Dismissal of such application by Trial Court---Defendant's plea was that non-supply of copy of plaint to him at time of service of summons would constitute a special circumstance for setting aside such decree---Validity---Report of Process Server dated 22-5-1997 showed that he had not delivered copy of plaint to defendant at time of service of summons upon him---Limitation for filing application for leave to defend suit would not be computed from 22-5-1997 as summons served upon defendant on such date could not be termed as a "proper service"---Defendant without having copy of plaint could not be expected to raise proper defence in leave application---Non-supply of copy of plaint to defendant at time of service of summons upon him would constitute a special circumstance for setting aside decree under O.XXXVII, R.4, C.P.C.---Impugned order suffered from jurisdictional error and legal infirmity---High Court set aside impugned order, accepted application for setting aside ex parte decree and remanded case to Trial Court for providing an opportunity to plaintiff to file afresh leave application within 10 days after providing him copy of plaint. Muhammad Amin v. Ali Ahmad 1986 CLC 2236 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVII, R. 4---Limitation Act (IX of 1908), Art.181---Application for setting aside of ex parte decree---Limitation---Such application would be governed by Art.181 of Limitation Act, 1908. ORDER ABDUS SATTAR ASGHAR, J.--- This Civil Revision under section 115 of the Code of Civil Procedure, 1908 is directed against the order dated 11-12-1997 passed by learned Additional District Judge Sheikhupura whereby petitioner's application under Order XXXVII, Rule 4 of the Code of Civil Procedure, 1908 for setting aside the judgment and decree dated 19-6-1997 has been dismissed. 2. Brief facts leading to this Civil Revision are that respondent lodged a suit for recovery on 14-5-1997 under Order XXXVII, Rule 1 of the…

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