Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. IX, R. 13 & O. XXIX R. 2---Ex-parte decree, setting aside of---Summons on corporation---Irregularity in service of summons---Effect---Suit for recovery against Bank was decreed ex parte---Application of Bank to set aside ex parte decree was rejected---Validity---Service on corporation under O.XXIX, R. 2 of C.P.C. could only be effected on the Secretary or any other Director or other principal officer of the corporation or by sending it vide post to the corporation at its registered office---Suit in the present case was filed against the bank, through the Manager of a local branch, however, the Banking Company was not impleaded through its Head Office in the original suit and the service had been effected on the clerk of the local branch of the Bank---Process was thus not duly served in accordance with the mandatory provisions of O.XXIX, R.2, C.P.C.---Ex parte decree, in circumstances, was to be set aside under O.IX, R.13 of the C.P.C.---Appeal was allowed. Tahir Mehinood v. Abdul Salam and 6 others 2015 YLR 1768; Muzaffar Ali and others v. Dr. Zaffar Ullah Malik 2015 YLR 1332; State Life Insurance Corporation of Pakistan v. Nasim-e-Sahar through legal heirs 1992 CLC 563; PLD 1991 SC 1104; PLD 1987 SC 22; Syed Nisar Hussain Shah v. Sahibzada Abdul Rashid and 2 others 2014 MLD 86; Muhammad Tariq and others v. Abdul Razzaq 2015 CLC 52 and Secretary Education Department Govt. of N.W.F.P Peshawar and others v. Asfandiar Khan 2008 SCMR 287 ref. Muhammad Ashraf and 8 others v. Azad Govt. and others PLD 1985 AJK 102 and State Life Insurance Corporation of Pakistan v. Naseem-e-Sehar through legal heirs 1992 CLC 563 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---High Court was vested with revisional jurisdiction and an order which on the face of it was illegal perverse or a nullity in the eye of law could be recalled in exercise of revisional jurisdiction, notwithstanding the competency of the appeal or suit or an application. Azad Kashmir Logging and Saw Mill Corporation Ltd. v. Messrs Muhammad Farid Khan and Company Brothers, Contractors AKLASC PLD 1986 AJK 228…

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