Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--Ss.12(2), 47 & O.IX, R.13--Constitution of Pakistan (1973), Art.185(3)--Ex parte decree challenged by defendant on ground that he had been defrauded with regard to service of summons--Petitioner defendant, having failed throughout to stop execution of decree on that plea, ultimately filed Constitutional petition which also failed--Dismissal of Constitutional petition impugned--Petitioner's counsel conceding legal proposition that whether it was application under S.12(2) based on allegation of fraud, or an objection to execution of decree based on similar grounds petitioner could not succeed unless he was able to establish his plea on facts relating to question of service of summons--Concurrent findings of fact against petitioner on such issue--No relief could be granted to petitioner on any technicality--Leave to appeal was refused. A.H. Mir, Advocate for Petitioner. Nemo for Respondents. Date of hearing: 17th January, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--A vendee/defendant in a suit for pre-emption having lost in the first round of litigation --an executable ex-parte decree was passed against him, challenged the same in several proceedings on the ground that he had been defrauded with regard to the service of summons on him at a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492