Law: Civil Procedure Code (V of 1908)

Section: 19,20,8

Civil Procedure Code (V of 1908)--- ----O.V, Rr. 19, 20 O.IX, R.8---Gas (Theft Control and Recovery) Act (XI of 2016), Preamble---Suit for recovery filed by Gas Company---Ex-parte proceeding---Proper service---Scope---Civil Court, before the promulgation of Gas (Theft Control and Recovery) Act, 2016 (the Act 2016), had recorded ex-parte evidence against the defendant/petitioner---Gas Utility Court, after having the case been transferred to it, neither issued any process for appearance of petitioner nor itself recorded evidence, yet passed ex-parte decree against the defendant/petitioner and later dismissed his application to set-aside ex-parte decree---Held, that in absence of issuance of fresh notice/process by the Gas Utility Court, the petitioner was well within his rights to plead lack of knowledge regarding Court in which he had to appear---Ex-parte proceeding, already carried out by the Civil Court against the petitioner, did not deprive him a right to receive notice on transfer of suit---Although the Civil Court noted Process Servers report on the summons to the effect that petitioner shifted place of his abode , but neither it (Court) obtained any affidavit from the respondent/plaintiff that it had no knowledge about any other address of petitioner nor respondent took any constructive step for personal service of the petitioner---Civil Court was also required to examine the Process Server on oath to take further inquiry in the matter and to declare that summons were duly served but the Court straightaway ordered publication in the newspaper---Such was not a proper service in terms of Rr. 19 20 of Order V of C.P.C, hence ex-parte proceedings were unsustainable in the eye of law---When the Law desired an act to be done in a particular manner/form, it must be done in that manner alone otherwise the same would be termed as illegal and the proceedings as unsustainable---High Court set-aside impugned ex-parte proceedings as well as ex-parte decree and passed by the Gas Utility Court against the petitioner---Suit would be deemed pending before Gas Utility Court---Constitutional petition was allowed, in circumstances. Nemat Ali and others v. Mst. Bakhtawar and…

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