Law: Civil Procedure Code (V of 1908)

Section: 2

(a) Civil Procedure Code (V of 1908)---O.XXXVII, R. 2 Appendix B, Form 4---Limitation Act (IX of 1908), Article 159---Constitution of Pakistan, Art. 10A---Suit for recovery---Cheque allegedly issued by the petitioner for the return of loan, was dishonoured---FIR had been launched prior to initiation of suit was arrested---Superintendent jail was directed to produce the petitioner in the Court---On 19.12.2020, attendance of the petitioner was marked and he was informed that he could file his application for leave to defend the suit within ten days’s right of filing the application for leave to defend was closed by District Judge---Order-sheet nowhere showed that the petitioner had been served summons in the prescribed Form 4 in Appendix “B”, therefore, the mandatory requirement of law had never been complied with---Additional District Judge informed the petitioner that he may file his application for leave to appear and defend the suit, but no warning was given to the petitioner regarding consequences of his default---Such was mandatory to ensure that on the date when the summons was served on the defendant, he should be made fully aware of the plaintiff’s claim and nature of suit by serving a copy of the plaint along with annexures---Question of computing limitation under Art. 159 of the Limitation Act, 1908, did not arise---Court’s order did not reflect that petitioner was even allowed any opportunity to contact any of his relatives or any lawyer---Principle of equality of arms had been manifestly violated and the impugned order was void---Rivision petition was allowed accordingly. Mst. Bilqees Fatima v. Abdul Razzaq PLD 1986 Kar.444 ref. (b) Civil Procedure Code (V of 1908)---O.XXXVII, R. 2 Appendix B, Form 4---Constitution of Pakistan, Arts. 10A, 28 251---Bilingual summons (in English and Urdu), necessity of---Scope---Purpose of a summon prescribed under O.XXXVII, R.2 of C.P.C. was to convey to a defendant a summary of the claim against him, inform him of his entitlement to apply for leave to appear and defend the suit, warn him of the urgency in moving such an application (i.e. within the limitation period of ten days) and warn him of the consequences of…

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