Law: Civil Procedure Code (V of 1908)

Section: 3,10-A(2)

Civil Procedure Code, 1908 (V of 1908)-- —O. XXXVII R. 3 read with O.V R. 10-A(2) and Limitation Act, 1908, Section 5-Suit for recovery-Leave to appear and defend suit-Application for-Whether application is time-barred-Question of~From diary of Additional Registrar, it appears that he was satisfied about goodness of service by all three modes, i.e., by publication, by Registered Post A.D. and by service through Bailiff-It is quite clear that Additional Registrar had not held that service by publication or by Registered Post A.D. was unsatisfactory-Under Order V Rule 10-A(2), an endorsement by a postal employee that defendant refused to take delivery of summons by Registered Post A.D. shall be deemed by court to be a prima facie proof of service of summons—Held: Defendants were served by Registered Post A.D. on 26.7.1987 and application is clearly time-barred and there being no application under Section 5 of Limitation Act, question of condoning delay does not arise-Suit decreed. [Pp.333334]AB 1987 CLC 2164 and 1988 CLC 292 rel. JUDGMENT C.M.A. No. 3805/1987 is an application under Order-37 Rule 3 CPC. for leave to defend. It is not accompanied by an application under Section 5 of the Limitation Act. Hence a preliminary objection has been taken to this application by Mr. Noorul Hassan, learned counsel for the plaintiff that it is barred by limitation having been presented after 10 days of the service of summons. From the perusal of the record it appears that the summons of this suit were published in an English newspaper ‘MORNING NEWS’ dated 10.7.1987. Simultaneously the summons were sent by Registered Post A/D to all the three defendants separately and there is the endorsement of the Postman .dated 26.7.1987 to the effect that the same were refused. Simultaneously the summons were also sent through Bailiff and the endorsement of the Bailiff shows that the Defendants had received the summons on 18.8.1987. The diary of the Additional Registrar dated 19.8.1987 is reproduced as under:- ‘19.8.1987. Publication issued against the Defendants under Rule 8 of the Banking Companies Recovery of Loans Ordinance 1979. Publication has been received vide circulation in…

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