Law: Civil Procedure Code (V of 1908)

Section: 1,2,3,10,17,19,20

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 1, 2, 3 O. V, Rr. 10, 17, 19, 20----Suit for recovery of money on the basis of cheque---Application for leave to appear, dismissal of---Mode of service---Procedure when defendant refuses to accept service, or cannot be found---Examination of serving officer---Substituted service---Scope---Plaintiff filed a suit to recover a certain amount based on a cheque under O. XXXVII of the Civil Procedure Code (C.P.C.)---Defendant appeared and applied for leave to defend the suit, but the application was dismissed as it was considered time-barred---Validity---Process servers report indicated that the defendant had refused to receive the notice, leading to the notice being served by affixing it---Trial Court ordered substitute service of the defendant through publication in a newspaper---After the publication, the defendant appeared and filed an application, but it was dismissed---Trial Court had failed to follow proper procedures outlined in the C.P.C.---Process server had not provided the necessary details about the person who identified the defendants house during the affixation---Additionally, the Trial Court had not followed the prescribed procedure for substituted mode of service---Publication made by the Trial Court violated relevant rules, rendering the order unsustainable---Civil revision was allowed. Ghulam Muhammad v. Abdul Ghaffar 2007 CLD 1633; Ahmed Khan v. Haji Muhammad Qassim and others 2002 SCMR 664 and Nouroz Khan v. Haji Qadoor 2005 SCMR 1877 ref. (b) Limitation Act (IX of 1908)--- ----Art. 159---Civil Procedure Code (V of 1908), O. XXXVII, R. 3---Suit for recovery of money---Application for leave to appear---Limitation---Scope---Prescribed period for filing the application for leave to appear and defend such suit is ten days from the date of service of summons or the date of knowledge. (c) Civil Procedure Code (V of 1908)--- ----O. V, R. 17---Procedure when defendant refuses to accept service, or cannot be found---Scope---It is duty of the process server to write the name and address of the person by whom the house was identified and in whose presence the copy was affixed. (d) Civil Procedure…

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