Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S.' 115 & O. IX, R.13---Punjab Pre-emption Act (IX of 1991), S.6---Suit for pre-emption ---Ex parte decree, setting aside of---Suit having been decreed ex parte for non-appearance of defendant, application under O.IX, R.13, C.P.C. for setting aside ex parte decree was filed by defendant contending that he was not duly served as plaintiff who had given wrong address of defendant had with connivance of process-server, procured wrong report and marked his fictitious and forged signatures and had committed fraud on the Court---Trial Court, after recording evidence of parties, dismissed application for setting aside ex parte decree, but Appellate Court reversed order of Trial Court and after setting aside ex parte and decree passed by Trial Court remanded the case to be decided on merits ---Validity--­Statement of process-server with regard to service of summons on defendant did not inspire confidence and his statement could not prove that defendant was duly served---Appellate Court had rightly disbelieved evidence of process-server for sound reasons and of Appellate Court could not be interfered with---Law favoured adjudication of dispute brought in Court on merits---All efforts should be made to decide matter on merits instead of knocking out the parties on technical grounds. Noor Muhammad v. Jamal Din and others 2000 CLC 305; Mst.. Jap Subhai v. Allah Diwaya and others 1992 MLD 1635; Madan Gopal and others v. Maran Bepari and 3 others PLD 1969 SC 617; Sultan MUhammal. v. Mst. Hamida Begum and 18 others 1970 SCMR 466; Hafiz Muhammad Hussain and another v. Abbas Khan and .another 1981 SCMR 1233; Muhammad Azeem v. Muhammad Yousaf and others 1985 CLC 2912 and Muhammad Faryad v. Muhammad Asif PLD 1993 Lah. 469 ref. (b) Administration of justice--- ---- All efforts should be made to decide case on merits instead of knocking out parties on technical grounds. Hafiz Muhammad Hussain and another v. Abbas Khan and another 1981 SCMR 1233 ref. ORDER This petition is directed against the judgment of Additional District Judge, Mianwah dated 18-12-1999 whereby he set aside the order of learned trial Court, dated 18-4-1996 dismissing…

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