Law: Civil Procedure Code (V of 1908)

Section: O. IX, r. 8

` (a) Civil Procedure Code (V of 1908) O. IX, r. 8- Summons---Summons of notice not duly served Ex parte order passed in such proceeding to be set aside, (b) Civil Procedure Code (V of 1908) O. IX, r. 8-Ex pane decree, setting aside of-Neither appellant -nor any authorized person receiving notice and Court passing ex parte decree on solitary evidence of process-server-Conduct of Land. Acquisition Judge proceeding with reference and valuing land appearing exceptional and unusual and showing ex pane' proceedings not result of fair deal-Application under S. 18 of Land Acquisition Act filed beyond period of limitation, Collector not attaching any importance to such an inordinate delay, and proceeding to make reference to Land Acquisition Judge-Ex parte decree, held, not only result of fraud but also resulted iii miscarriage of justice hence set aside and case remanded to Land Acquisition. Judge for trial according to law, in circumstances. . Date of hearing : 8th October, 1979.                                                                                                             JUDGMENT MUHAMMAD KHURSHID KHAN, J.-This appeal arises out of an order dated 10th April, 1975 of Land Acquisition Judge, Hazara, refusing to set aside the ex parte decree which had been passed on the 2nd of October, 1973 by his predecessor-in-office, S. Mir Mohammad (since removed from service). The facts, so far as it is necessary to state them for the purposes of dealing with the points involved in this appeal, are few and simple and shortly stated are these :-20 kanals, 4 marlas of land bearing Khasra No. 1348, situated in the area Nowshera, a village in Abbottabad Tehsil, alongwith other considerable landed property of that village and some other adjoining villages, was compulsorily acquired for Pakistan Ordnance Factory, Haveliany Project. Notification under section 4, Land Acquisition Act, 1894 (hereinafter…