Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) --Ss.9(S) & 12 Civil Procedure Code (V of 1908), O.IX, R.13 Ex parte decree, setting aside of Service of summons, validity of ¬Suit for recovery was filed by the bank against the appellant on the basis of the latter's default in payment of outstanding dues in credit card account Suit of the bank was decreed ex pane against which the appellant filed applications for recalling the ex parte decree and seeking condonation of delay Said applications were dismissed by the Trial Court through impugned order, which was challenged by the appellant in appeal ¬Contention of the appellant was that he was never served with the summons and no copy of the plaint was ever supplied to him therefore, the suit could not have been decreed against him, and his application for setting aside the decree should have been accepted Validity Service of summons was effected in different modes Summons were affixed, were published in English and Urdu newspapers and were served through courier service Plea of the appellant that publication of summons in an Urdu newspaper was defective as the same was not widely circulated would be of no avail as a valid service was effected against him under different modes provided under S.9(5) of the Financial Institutions (Recovery of Finances) Ordinance, 2001. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) --------S.9(5) Civil Procedure Code (V of 1908), O.XXXVII Supply of copy of plaint, requirement of Contention of the appellant was that since no copy of the plaint was ever supplied to him suit could not have been decreed against him, and his application for setting aside the decree should have been accepted Validity If the appellant had not received the summons through ordinary modes of service, he could have obtained a copy of the plaint from the office of the Court upon the publication of the summons in the newspaper Provisions relating to the supply of the copy of plaint under S.9(5) of the Financial Institutions (Recovery of Finances) Ordinance, 2001, are a departure from the provisions contained in O.XXXVII, CP.C. (c) Financial Institutions…

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