Law:

Section:

(a) Civil Procedure Code (V of 1908)------O. V, Rr. 9, 10, 10-A, 16, 20 & O.IX, R.13---Setting aside ex parte decree---Service of summons---Trial Court without waiting for report of process-server on summons issued to defendant in ordinary way, proceeded mechanically, assuming that registered envelope had been received by defendant---Trial Court without being satisfied by assigning reasons that defendant had been served under postal certificate and without applying mind whether it was a proper and valid service upon defendant, mechanically proceeded to pass order for taking ex parte proceedings against defendant---Court had not made any effort nor satisfied itself while proceeding against defendant and had also failed to adopt service against defendant through substituted mode of service as provided under R.20 of O.V, C.P.C---Decree for recovery of amount as damages/compensation had been passed in favour of plaintiff without providing an opportunity of being heard to defendant and he had been condemned unheard in violation of principles of natural justice---Law was not intended to ' thwart adjudication of a lis on mere technicalities of procedure but would favour decision of cases on merits rather stifling the matter on fetish pleas---Legal aspect of case having not been adverted to by Courts below, High Court set aside ex parte proceedings, and decree passed against defendant in circumstances. Zuifiqar v. Muhammad Jan 2000 CLC 932; U.B.L. v. Messrs S.G. Rauf & Company PLD 1990 Kar. 312 and Pervaiz M. Khan v. Mrs. A.H. Kishwar and another 1991 CLC Note 296 at p.226 ref. (b) Civil Procedure Code (V of 1908)------ ----O. V, Rr. 9, 10, 10-A .& 0. IX, R. 13---Service through registered post---Ex part proceedings, setting aside of---Object of service through registered post was that proceeding in suit might continue and same might not be defeated merely because defendant could not be served due to his avoiding process of Court---Notice of proceedings was a basic right of party and ex parte proceeding could not be initiated against him unless Court would come to conclusion that party was served in a valid manner or that it had avoided service. WAPDA v.…

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