Law: Civil Procedure Code (V of 1908)

Section: O.V,Rr.17,20,O.VII,R.2,O.IX,Rr.6,13

(a) Civil Procedure Code (V of 1908)--- ----O. V, Rr.17, 20, O. VII, R.2 & O.IX, Rr.6, 13---Suit for recovery of amount---Substituted service---Ex parte decree--Application for setting aside ex parte decree---After receipt of publication as was directed by the Trial Court, defendant who failed to appear, was proceeded ex parte and ex parte decree was passed against him and application for setting aside ex pane decree was dismissed by the Trial Court---Record s/towed that Trial Court had failed to observe the provisions contained in O.V, C.P.C:---.---Command of law was that all the provisions of O. V, C.P.C. must be adhered to in their letter and spirit and all efforts be made to procure the personal attendance of the defendant---Spirit of O. V, C.P.C. was that before resorting to the provisions of R.17, O. V, C.P. C. the court would observe the requirements regarding the personal service of the defendant---Without taking step to procure the personal service, the rest of the exercise in that respect would not be considered as lawful---In the present case the Trial Court directed to issue the publication in the press without awaiting the receipt of the process sent for the' service of the defendant to the civil court---Nothing was available on the record to show that the serving officer was examined by the court to the effect that he failed to procure the service of defendant and the report submitted was correct, whereupon, farther process directed to initiate the substituted service---Nothing was on record to show that the defendant was in the knowledge of date of hearing when he was proceeded ex pane; in such circumstances it could not be held that the defendant was duly served. Syed Muhammad Anwar, v. Sheikh Abdul Haq, 1985 SCMR 1228 ref. (b) Civil Procedure Code (V of 1908)--- ----O. IX, Rr.6 & 13---Ex parte decree, setting aside of---Plaintiff appeared and the defendant failed to appear when the suit was called on for hearing---Ex parte decree was passed against the defendant under O. IX, R.6, C.P.C:---.---Validity---If it was proved that the summons was duly served, the court could proceed ex parte and could pass a decree without recording evidence;…

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