Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.12(2)---Sindh Chief Court Rules (O.S.), Rr.140, 141, 142, 143, 144 & 145---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss.9 & 12---Ex parte decree, setting aside of---Misrepresentation---Incorrect address---Substituted service---Principle---Inquiry by High Court official---Defendant sought setting aside of and decree passed by Banking Court on the ground that process was not served on him as his incorrect address was mentioned in plaint and also on the process---Validity---Relevant provisions for process were provided in Sindh Chief Court Rules (O.S) for the convenience and larger public interest and if the same were not followed in letter and spirit, the same would create unnecessary multiplicity of proceedings---Before declaring any person ex parte, the Court ought to ensure that all reasonable and possible efforts had been made for effective service on the parties---Neither bailiff had complied with relevant provisions nor Additional Registrar of High Court had held any inquiry as to sufficiency of service and ordered substituted service---Address of applicant was wrong throughout the proceedings and no efforts were made for personal service on him at the correct address---Judgment and decree was obtained against defendant on misrepresentation, which clearly transpired from wrong address of defendant mentioned in plaint as well as subsequent addresses provided by plaintiff---As the address of defendant was wrong and suit was decreed on the basis of wrong address defendant was never served, hence application under section 12(2) C.P.C. was maintainable on the ground of misrepresentation---Ex parte and decree passed against defendant was set aside and case was remanded to Banking Court for filing of written statement by defendant---Application was allowed in circumstances. Nauroz Khan v. Haji Qadoor 2005 SCMR 1877; Ahmed Khan v. Haji Muhammad Qassim and others 2002 SCMR 664; Atiqur Rehman v. Novell Data Systems Pakistan (Pvt.) Ltd. 2009 YLR 432; Muhammad Younis v. Additional District Judge, Jhelum 2006 MLD 963; Muhammad Ayub Patel v. Hasham 1997 MLD 1838; Yusuf A. Haroon v. Mahmood A.…

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