Law:

Section:

Civil Procedure Code (V of 1908)---O. IX, R. 13, O. XXVII, R. 1, O. I, R. 10 & S. 79---Limitation Act (IX of 1908), Arts. 164 & 181---Specific Relief Act (I of 1877), S. 8---Suit for possession of immovable property in possession of government---Ex parte decree, setting aside of---Limitation---Decree passed ex parte might be set aside if summons was not duly served or defendant was prevented by sufficient cause from appearing when suit was called on for hearing---Period for setting aside ex parte decree was 30-days from the date of the same or where summons was not duly served when defendant acquired knowledge of the decree---Neither the original report endorsed upon the notice had been exhibited nor statement of court official had been recorded by the Trial Court to ascertain the factum of service of summons---Written statement submitted by the Government Pleader had not been verified by any person duly authorized by the Government or defendants---Government Pleader might sign and verify any pleadings on behalf of the Government, but in the present case, Provincial Government had not been made party to the suit---Government had not sanctioned defence of the suit through proper notification---Government Pleader was not authorized to submit written statement on behalf of defendants---Such kind of pleadings signed or verified by Special Public Pleader without expressed authorization by the concerned Government should not be treated as pleadings on behalf of the Government---Judgment, order or decree passed with regard to any property owned or possessed by the Provincial or Central Government without making them as a party into suit should be void ab initio and should not be allowed to be executed against the said Government---Government should be made party to the lis where the interest of the same was under challenge---Government was not made party specifically as per mandatory provisions of law in the present case---No proof was on record as to whether the Administrative Head of the Department had been served with any notice in the suit---Suit property was in the ownership of Government and Trial Court was bound to implead the same while exercising its…

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