Case Details

Citation(s)
1994 SLG 1570 1994 SLD 1570 = 1994 PLD 161

First Appeal from Order No.40 of 1992, decided on 24th January, 1994.
Abdul Karim Khan Kundi, CJ. and Muhammad Khiyar Khan, J

ASSISTANT COMMISSIONER and others---Appellants

VERSUS

ABDUL GHAFFAR and others---Respondents

Law:

Section:

ABDUL KARIM KHAN KUNDI, CJ.--It is a strange case. Plaintiff filed a suit for damages for stoppage of VCR and TV in his hotel and causing him loss in hotel business ever-since February, 1982 till the disposal of the suit at the rate of Rs.70,000 per month and impleaded Ghulam Muhammad, Naib Tehsildar (respondent No.1), Assistant Commissioner, Chitral (respondent No.2), Deputy Commissioner, Chitral (respondent No. 3), Government of N.-W.F.P. through Deputy Commissioner, Chitral (respondent N6.4) and Naib-Tehsildar, Drosh (respondent No.5) as added later on. On 19-4-1990 a plaintiff along his counsel was present while defendants Nos. 2 to 5 were 4epresented by A.G.P. and defendant No.1 was not served due to his transfer to Mardan, hence there was ordered his service through affixation of notice on his abode for 20-5-1990, which is itself a strange order because of defendant No.1 was transferred to Mardan then he was to be served on his fresh address and not that he was to be served on his old address through affixation.   2. In the conduct of proceedings the trial Court was found either to be totally ignorant of the provisions in the Civil Procedure Code regarding service on Civil Public Officers or he has deliberately emitted to press into service the said mandatory provisions of the Code. Rule 26.A of Order V provides that:   "Where the defendant is a servant (not belonging to the military, naval or air forces) of any Government in Pakistan, or a servant of a railway company or local authority in Pakistan, the summons together with a copy of it to be retained by the defendant shall be sent, with a request that it may be served on the defendant,   ......................................................................................................................   in the case of defendant serving in connection with the affairs of any other Government in Pakistan, in the case of a servant of a local authority in Pakistan, to the Home Secretary to that Government or, as the case may be to the Home Secretary to the Government in whose territories the local authority has its jurisdiction."   Rule 27 of the said Order further…
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