Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.V, R.20 & O.IX, R.13---Ex parte decree---Setting aside of--Service through proclamation---Validity---In an application for setting aside ex parte decree, there was no legal bar to rely on the reports of process-server on the summons initially issued while deciding question of service on defendant--­Service-through proclamation would be of no legal effect where same had been procured on basis of reports of process-server which did not contemplate passing of an order for the substituted service of defendant---Order of substituted service being without lawful authority, service through proclamation was without jurisdiction and of no legal effect---Ex parte decree on basis of such service was liable to be set aside---Evidence on record clearly showed that defendant was never served and that he acquired knowledge of ex parte decree on 29-5-1988---Application for setting aside ex parte decree having been filed on 12-6-1988, same was within time, for period of limitation was to start from the date of knowledge---Case was not one of condonation of delay; petitioner as of right could have filed application for setting aside ex parte decree within thirty days from the date of knowledge---Ex parte decree was thus, liable to be set aside. (b) Civil Procedure Code (V of 1908)-- ----0. IX, R. 13---Constitution of Pakistan (1973), Art. 199---Ex paste decree--­Validity---Suit seeking declaration to the effect that registered sale deed in favour of defendant should be declared to be illegal and based on fraud---No evidence worth consideration was recorded by Trial Court while passing ex parte decree against defendant---Fraud seemed to have been committed and decree had been obtained against defendant by mentioning incomplete address of defendant, on which address, initial and subsequent processes were issued--­Ex paste decree had been obtained on basis of such incomplete address in a fraudulent manner and therefore, same was not sustainable---Law, favours adjudication on merits ---Revisional Court could not have interfered with discretionary order passed by Trial Court whereby ex parte decree was set aside---Order passed by…

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