Law: Civil Procedure Code (V of 1908)

Section: 0.V,R.20,0.IX,R.13

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Procedure Code (V of 1908)--- ----0. V, R.20---Issuance of summons---Publication in newspapers--­Substituted service---Scope---Defendant could not be served through ordinary means of service, and Trial Court ordered for the service through publication in newspapers---Validity---Such mode of service, held, was valid and proper under O. V, R.20, C. P. C. Sheikh Abdul Haq v. Syed Muhammad Anwar PLD 1979 Lah. 332 and Abdul Haq v. Muhammad Azam 1988 MLD 1254 ref. (b) Civil Procedure Code (V of 1908)--- ----0. IX, R. 13---Ex parte decree, setting aside of---Irregularity in service of summons---Effect---Defendant having been properly served with summons, ex parte decree could not be set aside merely on ground of any irregularity in service of summons---Ex parte decree was not set aside in circumstances. Sheikh Abdul Haq v. Syed Muhammad Anwar PLD 1979 Lah. 332; Abdul Haq v. Muhammad Azam 1988 MLD 1254 and Zafrul Haq v. Waris Iqbal and another PLD 1979 Lah. 793 ref. (c) Civil Procedure Code (V of 1908)-- ----0. IX, R.13---Constitution of Pakistan (1973), Art. 199---Constitutional petition--.Ex parte decree, setting aside of---Decree was passed in year 1970 by the Trial Court and satisfied in year 1971, when the property was auctioned in the execution proceedings ---Petitioners who purchased the suit property in year 1973 invested huge amount and brought material changes into the same---Respondent had the knowledge of passing of ex parse decree against him in year 1975, but he did not bother to approach the Court to get information as to whether any decree had been passed against him---Trial Court had set aside the decree on the basis of an application filed by the respondent in year 1978---Lower Appellate Court upheld the decision of the Trial Court by dismissing the revision filed by the petitioner ---Validity--­Although the Lower Appellate Court had admitted that the respondent had the knowledge of pendency of suit against him yet the Court dismissed the revision---Application for setting aside decree filed by the respondent was time-barred---Both the Courts below had neither properly appreciated the material available on record as well as the evidence led…

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