Law:

Section:

Limitation Act (IX of 1908)--- ----Art.159----Civil Procedure Code (V of 1908) O.V, R 16 & O.XXXVII, Rr.2 & 3---Suit for recovery---Non-delivery of copy of plaint with the service/summons---Effect---Application of the defendant for leave to appear and defend the suit was dismissed by Trial Court on the ground that under Article 159 of the Limitation Act, 1908; said application was not made within the statutory period of ten days from the date of service---Contention of the defendant was that copy of the plaint, as per report of the Process Server, was not delivered to the defendant---Validity---Report of the Process Server was silent on whether the copy of the plaint was appended with the summons---Mere endorsement on the leaf of summons, in the absence of report of Process Server regarding delivery of copy of plaint , by itself ,would not be sufficient to presume that the copy of the plaint was ever delivered to the person whose service was procured---Period of ten days would, therefore, not be reckoned from the date of service---Defendant would be unable to know the nature of suit if copy of plaint was not delivered to him and therefore, there would be no application of Article 159 of the Limitation Act, 1908---High Court set aside order of Trial Court--Revision was allowed, accordingly. Abdul Karim v. Nazir ahmad PLD 1998 Lah. 163 ref. Khurshid Alam v. Al-Khair Gadoon Ltd. through Legal Director 2003 YLR 2583; Ali Akbar v. Gulzar Ali Shah PLD 1984 Kar. 252; Taj Ali Khan v. Haji Muhammad Ali 2003 YLR 1130 and Muhammad Riaz v. Syed Ibrar Shah 2007 MLD 1613 ref. ORDER MEHMOOD MAQBOOL BAJWA, J.---Legality and validity of order dated 4-3-2009 has been called in question at the instance of petitioner cited as defendant in the suit for recovery under Order XXXVII of The Code of Civil Procedure, 1908, whereby an application made at the instance of petitioner for leave to appear and defend the suit was dismissed by the learned trial court vide order impugned maintaining that the petition which was required to be made within ten days from the date of service was not made within statutory period as envisaged by Article 159 of The Limitation Act. 2. Heard.…

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