Law:

Section:

Limitation Act, 1908 (IX of 1908)-- ----Art. 159--Civil Procedure Code, (V of 1908), O. XXXVII, Rr. 1 & 2--Suit for recovery--Barred by limitation--Period of limitation for filing leave to appear and defend suits--Ex-parte proceedings--Validity--Penal provision can only be invoked when summon was issued and served upon defendant in accordance with law--When law requires an act to be done in a particular manner it has to be done in that manner alone and such dictate of law could not be termed as a mere technicality--Neither summon was served upon respondent in a prescribed manner nor copy of plaint was ever disbursed upon him, therefore, trial Court has rightly granted permission for leave to appear and defend suit in order to ensure safe administration of justice. THIS ORDER PASSED BY: ABDUS SATTAR ASGHAR, JUSTICE---.--- This Civil Revision under Section 115 of Civil Procedure Code, 1908 is directed against order dated 21.1.2015 passed by learned Additional District Judge Lahore whereby respondent's application for leave to appear and defend the suit for recovery under Order XXXVII Rules 1 & 2 of the Code of Civil Procedure, 1908 has been allowed. 2. It is argued by learned counsel for the petitioner that despite proclamation in the newspaper respondent failed to appear before the learned trial Court and was proceeded ex-parte vide order dated 26.4.2014; that consequently on 6.5.2014 respondent through counsel lodged an application for setting aside the ex-parte order dated 26.4.2014 and further lodged an application on 13.6.2014 seeking leave to appear and defend the suit which is barred by limitation; that the learned trial Court has miserably failed to appreciate this legal point and thus erred in law and facts while granting leave to appear and defend the suit through the impugned order dated 21.1.2015 which is untenable and liable to set aside. 3. Arguments heard. Record perused. 4. Sub-rule (1) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 stipulates that all suits under the said provision be instituted by presenting a plaint in the form prescribed; but the summons shall be in Form No. 4 in Appendix 'B'. It may be expedient to…

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