Law: Civil Procedure Code (V of 1908)

Section:

  Civil Procedure Code (V of 1908)--- ----O.VII, R.1(c)---Purport of provisions of O.VII, R.1(c), C.P.C. was that all particulars of the defendant including place of his residence, could accurately be given in order to identify him for purpose of service and save time by avoiding unnecessary adjournments which could be caused due to any inaccuracy in those particulars---Plaintiff could not be absolved of his obligation of giving correct place of residence of defendant in the plaint because provisions of O.VII, R.1(c), C.P.C. cast a duty upon plaintiff to always give correct address of defendant so that service could not be hindered. Civil Procedure Code (V of 1908)--- ----O.IX, R.13---Ex parte proceedings, setting aside of---Record did not show that defendant was served personally nor was postal receipt A/D received back to establish that registered envelope sent to defendant on wrong address, was received by him---Proclamation published in a weekly by way of substituted service as well wrongly mentioned name of defendant's village---Defendant having not been served because of inaccuracy with regard to name of place of his residence, ex parte proceedings taken against defendant could not be sustained. Mst. Afzal Begum and others v. Y.M.C.A. through its General Secretary P L D 1979 SC 18; Muhammad Akram v. Muhammad Saeed 1985 C L C 2123; National Bank of Pakistan v. Shamsur Rehman and 2 others 1985 M L D 231; Hafiz Muhammad Ikram v. Muhammad Mushtaq P L D 1978 Lah. 996 and Muhammad Aslam v. Additional District Judge, Rawalpindi and others 1979 S C M R 85 ref. Civil Procedure Code (V of 1908)--- ----O.IX & R.13---Limitation Act (IX of 1908), Art.164---Ex parte decree, setting aside of---Limitation---Where defendant was not served personally, period of thirty days would commence from date of knowledge of decree and not from date of decree.   Sultan Muhammad v. Mst. Hamida Begum and 18 others 1970 S C M R 466; Mst. Afzal Begum and others v. Y.M.CA. through its General Secretary P L D 1979 SC 18; Muhammad Akram v. Muhammad Saeed 1985 C L C 2123; National Bank of Pakistan v. Shamsur Rehman and 2 others 1985 M L D 231; Hafiz Muhammad Ikram v.…