Law: Civil Procedure Code (V of 1908)

Section: 12(2),O,V,R,17,O,IX,R,13

(a) Administration of justice--- ----Moulding of relief---Jurisdiction---Courts were to explore avenues to do justice---All efforts were to be made to decide cases on merits---Court and tribunals have a jurisdiction to mould relief according to circumstances of case. Mst. Amina Begum and others v. Mehar Ghulam Dastagir PLD 1978 SC 220 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2), O. V, R. 17 & O. IX, R. 13---Limitation Act (IX of 1908), Art. 181---Setting aside of ---Non-serving of summons---Ex parte and decree passed in favour of plaintiff was set aside by Trial Court and order was maintained by Lower Appellate Court in exercise of revisional jurisdiction---Validity---Trial Court passed a decree on basis of alleged proclamation in newspaper---Court had not passed any speaking order as to why it had not made any efforts for personal service of defendant and why mechanical orders were passed for affixation and proclamation---Summonses were returned un-served and Court directed issuance of fresh summons and notice through ordinary process and registered post and proceeded to direct affixation---No previous summons was ever served upon defendant nor there was any report of process server for avoidance of service or refusal to accept service---Trial Court proceeded to pass order for publication in unknown newspaper without examining process server as to efforts, if any, made by him and steps taken by him to ensure personal service and as to why he could not procure personal service---Care was also not taken to examine as to whether report of process server satisfied requirements of O. V, R. 17, C.P.C. so as to reflect time and date of service, names of persons who identified place and defendant and witnesses, if any, in whose presence alleged affixation was claimed and as to whether report was reportedly verified on oath as required by law---Without adhering to such prerequisites, order for publication of notice could not possibly be made---Lower Appellate Court had taken note of all relevant factors and thereafter concluded that it was primary duty of court to provide opportunity of hearing---No one could be condemned unheard and that decree under…

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