Law: Civil Procedure Code (V of 1908)

Section: 96,17,1,2

Civil Procedure Code, 1908 (V of 1908)-- ----Ss. 96, O.V R. 17 O.XXXVII--Suit for recovery--Ex-parte decreed--Application for setting aside ex-parte decree--Dismissed--Prescribed parameters were not followed--Challenge to--Prescribed process/procedure under Order V has not been followed by trial Court and in a hasty manner initiated ex-parte proceedings against appellant and dismissed his application for setting aside ex-parte decree which order of trial Court is patently illegal and against parameters prescribed under Order V, CPC--Appeal allowed. 2002 SCMR 664 and 2005 SCMR 1877 ref. Civil Procedure Code, 1908 (V of 1908)-- ----O.XXXVII, Rr. 1 2--Special procedure for notice--A special procedure of notice has been prescribed in Form No. 4 in Appendix B CPC but there is neither any notice ever issued for service of appellant nor any service was effected nor any affixation was made as prescribed under law. Civil Procedure Code, 1908 (V of 1908)-- ----O.V, R. 17--Refusal to acceptance of notice--I f defendant refused to accept notice or cannot receive notice, Process Server shall affix copy of notice on door of defendant in presence of witnesses. Adjudication of cases-- ----Courts always lean in favour of adjudication of cases on merits rather to stifle rights of people mere on technicalities. 1968 SCMR 817 and PLD 1985 SC 345 ref. JUDGMENT Through this First Appeal against Order, the appellant has challenged the vires of order 09.04.2019 passed by the learned Additional District Judge, Okara whereby application for setting aside ex-parte judgment and decree dated 25.10.2017 filed by the appellant was dismissed. 2. Brief facts of the case are that the respondent/plaintiff filed Suit for recovery of Rs. 50,00,000/- under Order XXXVII, CPC on the basis of pronote dated 05.01.2016 against the appellant/defendant which was decreed by the learned Additional District Judge, Okara vide ex-parte judgment and decree dated 25.10.2017. Against the said judgment and decree, the appellant filed application for setting aside ex-parte judgment and decree on 13.08.2018 along-with petition for leave to appear and defend the suit. The application for setting aside ex-parte…

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