Law: Civil Procedure Code (V of 1908)

Section: R-20,O.V,R.20(1)(e)

Law: Constitution of Pakistan, 1973

Section: 25,185(3)

Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 9,12(2)

(a) Civil Procedure Code (V of 1908)---O.V, R.20(1)(e)---Service of summons through publication in press---Validity---Such service could only be resorted to upon failure of other modes under C.P.C. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--Ss. 9 & 12(2)---Constitution of Pakistan (1973), Arts.25 & 185(3)---Application for setting aside of ex parte decree---Service of summons effected upon defendant through publication in press---Plea of defendant that no personal service had been effected upon him either through bailiff or registered post or courier; and that summons had been pasted at the address, where defendant's office had ceased to exist---Dismissal of such application by Banking Court upheld by High Court in appeal---Validity---Provision of S.9 of Financial Institutions (Recovery of Finances) Ordinance, 2001, relating to service of summons simultaneously through all modes being different from that in C.P.C., Supreme Court granted leave to appeal to consider as to whether substituted service would be valid without resorting to other modes; and that a statute providing a special procedure for trial in banking matters might be just[[ fable on gro4ind of reasonable classification and whether same principle could he extended to S.9 of Financial Institutions (Recovery of Finances) Ordinance, 2001 relating merely to service of summons. Mobarak Ali v. First Prudential Modaraba C.Ps. No.139-K and 273-K of 2006 and Messrs Ahmad Autos and another v. Allied Bank of Pakistan Limited PLD 1990 SC 497 ref. ORDER SABIHUDDIN AHMED, J.---This petition emanates from a judgment of a Division Bench of the Sindh High Court dismissing the petitioner's appeal against an order of the Banking Court under section 12 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 hereinafter referred to as the Ordinance, 2001 read with section 12(2) C.P.C. In the aforesaid application the petitioner sought setting aside the ex parte decree on the ground that it had been passed without proper service of summons upon them in Suit No.55 of 2003. Admittedly service of summons was effected through publication but the petitioner however…

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