Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,R.2,3

Law: Limitation Act, 1908

Section: 159

Civil Procedure Code (V of 1908)-- ----O. XXXVII, Rr. 2, 3 & Appendix B, Form No. 4---Limitation Act (IX of 1908), Art. 159---Summary suit on the basis of cheque---Application for leave to appear and defend---Limitation--- Commencement of--- Proceedings conducted during stay order---Effect---Application for leave to defend the suit was dismissed being time barred and suit was decreed---Validity---Summonses in summary suit were required to be in Form No. 4 of Appendix B, C.P.C.---Where a copy of the plaint was not served on the defendant at the time of affecting service of summons then it could not be held that defendant was properly served---Period of limitation under Art. 159 of Limitation Act, 1908 for filing an application for leave to appear and defend the suit could not be computed from the date of service of summons without a copy of the plaint---Limitation of ten days for filing application for leave to appear and defend a summary suit would commence when summonses were served on the defendant---Defendant, in the present suit, was not served with summons---Purpose of issuing summons to the defendant was that he should gain knowledge of pendency of a suit against him, tender his appearance and defend the proceedings---Once defendant had gained knowledge of the suit then he should take steps to obtain copy of the plaint---Stay order would operate from the day it was issued---If proceedings before a Court or Tribunal had been stayed by a higher forum then order passed by such a Court or Tribunal during the subsistence of the stay order was coram-non-judice, without jurisdiction and void---Impugned and decree having been passed after stay of proceedings by the High Court, were set aside, in circumstance---Matter was remanded to the Trial Court for decision afresh---Appeal was allowed, accordingly. Binyameen Khalil v. Riaz Ahmed Rahi 2014 CLC 105; Khushi Muhammad v. Muzammal Khatoon 2014 YLR 1779; Ameer Ali v. Khuda Bux 2016 MLD 206; Shafaqat Mehmood v. Muhammad Nazir 2014 CLC 1222; Junaid Iqbal Butt v. Muhammad Babar Shahzad 2012 YLR 1694; Muhammad Anwar v. Muhammad Akbar PLD 2000 SC 52; Din Muhammad and 2 others v. Abdul Rehman Khan 1992 SCMR 127; Aamir…

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