Law:

Section:

Civil Procedure Code (V of 1908)---.--- ---.----O. VII, R.2 & O. IX, R.2---.---Suit for recovery of amount---.---Summons not served on defendant due to failure of plaintiff to pay costs---.---Dismissal of suit---.---Dismissal of appeal for non filing of correct address of the respondent and non-compliance of order of the court under O. IX, R.2,C.P.C.---.---Validity--Omission on part of the plaintiff for non-filing of correct address of the defendant for service, would warrant penalty in shape of dismissal of suit under O.IX, R. 2, C.P.C.---.---Case should be decided on merits; and law favoured adjudication of rights of the parties on merits---.---Case was at initial stage and only one opportunity was provided to the plaintiff for filing correct address of defendant; it was in the interest of justice to decide the case on merits and not on technical basis---.---Appeal was accepted, impugned order of Appellate Court was set aside and case was remanded to the Appellate Court for fresh adjudication of appeal on merits and to provide one opportunity to the plaintiff for filing the correct address of the defendant. 1993 CLC 1892; 2003 CLD 531; PLD 1992 Pesh. 18 and Muslim Commercial Bank Ltd. v. Khabeer Trading Corporation (Capt.(b) 2003 CLD 531 ref. THIS ORDER PASSED BY: RAFIULLAH SULTANI, JUSTICE:---.---- This appeal is directed against the judgment and decree of District Judge Mirpur dated 20-9-2006, whereby, the judgment and decree of Senior Civil Judge Mirpur dated 29-5-2006 was maintained. Brief facts of the case as alleged in this appeal are that a suit was filed by plaintiff, herein appellant, against the defendant, herein respondent, in the Court of Senior Civil Judge Mirpur for recovery of amount Rs.25,000. After due course of law, that suit was dismissed by Senior Civil Judge Mirpur on 29-5-2006 for want of evidence. Feeling aggrieved by the said judgment and decree, appellant filed an appeal before District Judge Mirpur, which was dismissed on 20-9-2006, hence this appeal. The learned counsel for the appellant reiterated the grounds of appeal and further contended that appeal was at initial stage and the learned District Judge Mirpur has dismissed the…

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