Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,Rr.2,3,4,O.V,Rr.17,20

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2, 3, 4 & O.V, Rr. 17, 20---Summary suit on the basis of cheque---Ex parte decree, setting aside of---Substituted service---Requirements---Applicants were not in Pakistan when alleged service had been shown---Process server could only affix a copy of summons on the outer door or some conspicuous part of the house in which defendant resided or carried on business when he refused to accept service or where he could not be found despite all due and reasonable diligence---Order of Court for service of summons through affixation was not necessary---Personal service was a rule and substituted service was an exception which might be resorted to in unusual circumstances---Law primarily required personal service to be the best mode of bringing notice to the knowledge of defendant---Nothing was on record that defendants were keeping away in order to avoid service in the ordinary way before substituted service was resorted to---Substituted service was made without satisfying the essential prerequisites for the same---Trial Court did not pass an order to proceed ex parte against the applicants but nonetheless decided the suit ex parte---Impugned order of Trial Court dismissing application for setting aside of ex parte decree was not sustainable which was set aside---Applicants might file an application for leave to appear and defend the suit---Appeal was allowed in circumstances. Bangul v. Noor Muhammad 1998 CLC 657; Abdullah Jan v. Bibi Almas Bano 2016 CLC 1465 and Khan Khel v. Haji Nasir 2007 YLR 1827 rel. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:--- .--- Through F.A.O. No. 45/2016, the appellants, impugn (i) the order dated 10-09-2014, passed by the Court of the learned Additional District Judge, Islamabad, (whereby the appellants were proceeded against ex-parte) (ii) order dated 14-04-2016, (whereby the appellants' application for setting aside ex-parte judgment and decree dated 25-05-2015, was dismissed), and (iii) ex-parte judgment and decree dated 25-05-2015(sic). Through the said ex-parte judgment and decree, the Court of the learned Additional District Judge, decreed Civil Suit No.…

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