Law:

Section:

Constitution of Pakistan (1973)- ---Art. 199 read with Soldiers Litigation Act (IV of 1925), Ss. 4, 6, 10 & 11 and Civil Procedure Code (V of 1908), O. IX, r. 13-Ex parte decree, setting aside of-Record showing petitioner employed on defence duty at border as a soldier in Pakistan Army at time of institution of suit, but sommonses issued and decree passed against him without any notice being sent to his unit for serving summonses upon him-Application for setting aside ex parte decree filed within less than ninety days of passing of decree and provisions of Act, 1925 not controverted by opposite-party-Ex parte decree passed by Court below, held, without lawful authority and of no legal effect and quashed, in circumstances.-[Decree]. JUDGMENT By this judgment I propose to dispose of Writ Petitions Nos. 26, 27 and 28, all of 1982, as these are between the same parties and common questions of law and facts are involved in them. 2. The facts necessary for the purposes of this judgment, briefly stated, are that respondent No. 3 Mst. Kaniz Fatima instituted three suits against the petitioner in the Court of the learned Judge, Family Court, Murree ­first for dissolution of marriage, second for dower and third for maintenance. Writ Petition No. 26 of 1982 has arisen out of the suit for dissolution of marriage, Writ Petition No. 27 of 1982 out of the suit for dower, whilst Writ Petition No. 28 of 1982 has arisen out of the suit for maintenance. The petitioner Mumtaz Khan (No. 6808211 NKN/Asstt., 174-Engr. Branch) is admittedly a serving soldier in the Pakistan Army. All these suits were instituted on 1-9-1979. The learned Judge, Family Court, Murree, issued summonses in all the three suits to the petitioner for appearance on 20-9-1979. These summonses were returned to the Court with the report of the process-server that the petitioner defendant is serving in the Army and as such service could not be effected an him. Again summonses were issued in all the suits for 10-10-1979 and there is a, note on each one of them that service should be effected through beat of drum and by affixation to the abode. The report again on this was that the petitioner-defendant is serving…

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