Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XXXVII, R.3---Limitation Act (IX of 1908), Art.159---Application for leave to appear and defend---Ex parte decree, setting aside of---Summons, service of---Defendant filed application for leave to appear and defend the suit on ninth day of the order of setting aside ex parte and decree---Contention of the plaintiff was that defendant should have moved the application for leave to appear and defend the suit along with his application for setting aside ex parte and decree and once a period of 10 days elapsed from the date of knowledge of the defendant regarding the proceedings, the application was time-barred---Validity---Limitation under Art. 159 of Limitation Act, 1908 started when summonses were served on the defendant---On account of non-service of defendant, the copy of the plaint was not delivered to defendant as required under R. 3, O.XXXVII, C.P.C.---In absence of anything to the contrary, the defendant would be considered to have been served on the date when the suit was revived in terms of Art. 159, Limitation Act, 1908. Aqeel Ahmed v. Muhammad Akram 2006 YLR 320 and Habib Bank Limited v. Muskrat Ali Khan PLD 1987 Kar. 86 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALI, J.--- This Regular First Appeal is directed against the order dated 31.10.2014 and the judgment and decree dated 13.11.2014, whereby the application of the appellant for leave to appear and defend the suit was dismissed as barred by time and the suit was decreed in favour of the respondent. 2. The facts in brief are that the respondent filed a suit for recovery of Rs.9,55,000/- against the appellant under Order XXXVII, Rules 1 and 2 of Civil Procedure Code, 1908 ("C.P.C."). The learned trial Court simultaneously ordered service of the appellant-defendant through ordinary mode as well as by publication in the newspaper. On account of non-appearance of the appellant after the publication, ex-parte proceedings were initiated against him vide order dated 01.03.2010. The learned trial Court after recording ex-parte evidence of the plaintiff decreed the suit vide judgment and decree dated 23.04.2010. 3. The appellant on gaining knowledge about the same…

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