Law: Civil Procedure Code (V of 1908)

Section: O.V,Rr.21,23,20,17,18,19,XXXVII,Rr.2,3

Law: Limitation Act, 1908

Section: 5,Art156,4

(a) Civil Procedure Code (V of 1908)--- ----O. V, Rr. 21 & 23---Service of summons on defendant residing within territorial jurisdiction of another court---Scope---Summons would not be issued to such defendant directly, rather same would be issued to court in whose jurisdiction he was residing and would be served on him by such court---Summons served on such defendant in violation of mandatory provisions of O. V, R. 21, C.P.C. would have no legal sanctity and would be liable to be struck down---Illustration. (b) Civil Procedure Code (V of 1908)--- ----O. V, Rr. 20, 21 & 23---Defendant residing within territorial jurisdiction of another court---Substituted service through publication in newspaper on ground that service on defendant in ordinary way was not possible---Validity---Record showed that summons along with service report had not been received from another court, but no enquiry for such purpose as required by O.V, Rr.17, 18 & 19, C.P.C. had been held---Trial Court was not justified to adopt substituted mode for service of summons without reaching to conclusion that defendant was keeping out of way for purpose of avoiding service---Trial Court had not observed the provisions of law---Record did not support finding of Trial Court regarding service of summons on defendant not to be possible in ordinary way---Substituted service was illegal and entire exercise done by Trial Court on its basis was declared to be without lawful authority. (c) Administration of justice--- ----Where law provided a particular mode for a particular thing to be done in a particular manner, then same should be done in such manner or should not be done at all. Raja Humayun Sarfraz Khan and others v. Noor Muhammad 2007 SCMR 307 and Atta Muhammad Qureshi v. The Settlement Commissioner, Lahore Division, Lahore and 2 others PLD 1971 SC 61 rel. (d) Civil Procedure Code (V of 1908)--- ----O. V, R. 21, O. XXXVII, Rr. 2 & 3---Limitation Act (IX of 1908), S. 5 & Art. 156---Suit for recovery of amount on basis of cheque---Defendant residing within territorial jurisdiction of another court---Delay in filing leave application, condonation of---Plaintiff voluntarily appeared in…

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