Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.13,12(2)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1908)--O.IX, R. 13 & S. 12(2)---Constitution of Pakistan (1973), Art. 185 (3)--­Setting aside ex parte decree allegedly having obtained by fraud and misrepresentation---High Court setting aside ex parte decree and ordering de­novo trial---Validity---Decree-holder had admittedly practised fraud in the service of summons and kept pendency of suit against respondents concealed from them by fraud and misrepresentation---Proper procedure was not observed in effecting service upon defendants who were admittedly Pardanashin ladies; special care had to be taken to inform them of the filing of suit---No effort was made to personally serve defendants (ladies) in the presence of their close relatives---Proper prescribed procedure having not been followed in the service of summons, High Court justifiably annulled ex parte decree against ladies (defendants) and ordered de novo trial---No flaw having been pointed out in the of High Court leave to appeal was refused in circumstances. (b) Pardanashin lady- ---- Mode of service of summons---While effecting service upon Pardanashin ladies special care had to be taken to inform them of the filing of suit against them---Effort should be made to personally serve Pardanashin ladies in the presence of their close relatives. JUDGMENT WALI MUHAMMAD KHAN, J: --The legal heirs of Mehr Din deceased/plaintiff call in question the judgment dated 7-3-1993 of the Lahore High Court, Rawalpindi Bench, whereby the civil revision filed by the defendants/respondents was accepted and the ex parte decree passed by the learned trial Court was set aside with a direction to proceed with the suit on merits in accordance with law.' The facts of the case, briefly stated, are that Noor Din father of Mst.Azizan defendant/respondent-1, husband of Mst. Masoom Bi defendant/respondent-2, and brother of Mehr Din plaintiff/predecessor-in-interest of the petitioners, was owner of land measuring 9 Kanals 9 Marlas situated in the estate of Shahpur, District Rawalpindi. Mehr Din plaintiff filed a suit for declaration to the effect that he is the sole heir. of Noor Din---who died in 1940 when the custom was the rule of inheritance,…

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