YAQOOB ALI vs MUHAMMD AYUB Ss — 2021 PLD 678 LAHORE-HIGH-COURT-LAHORE

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YAQOOB ALI VS MUHAMMD AYUB Ss. 42 & 54---Civil Procedure Code (V of 1908), Ss. 12 (2), 96, 114, O.V, Rr. 16, 18, 19, 20 & O.IX, R.13---Ex-parte judgment and decree, setting aside of---Remedy---Service to respondents-defendants---Petitioners-plaintiffs filed suit for declaration and injunction claiming to be owners in possession of suit land---Ex-parte judgment and decree in favour of petitioners-plaintiffs was set aside concurrently by Trial Court as well as Lower Appellate Court in exercise of powers under S.12(2), C.P.C.---Validity---Several remedies are available to an aggrieved person against ex-parte decree out of which first can be application under O.IX, R.13, C.P.C. second a review application under S.114, C.P.C., third appeal under S.96, C.P.C. and fourth application under S.12(2), C.P.C., when decree is product of fraud, misrepresentation and coram non judice---Suitor was to opt any legal action to enforce any right and or invoke a remedy to set right a wrong or to vindicate an injury---Suitor has to elect and or choose from amongst host of actions or remedies available under law---Respondents-defendants, in the present cases, opted to move application under S.12(2), C.P.C. with assertion that they were proceeded ex-parte on account of fake and faulty service reports---Application under S.12(2), C.P.C. was not decided summarily rather fate of the case was determined after framing of necessary issues and recording of evidence of both the sides---Both the sides were conscious of the controversy who produced their evidence which was appraised by Courts below in a beneficent manner---Glaring flaws in mode of service were floating on the surface of record which were sufficient to erode validity of ex-parte judgment and decree---High Court declined to interfere in order passed by two Courts below---Constitutional petition was dismissed in circumstances.

YAQOOB ALI vs MUHAMMD AYUB Ss — 2021 PLD 678 LAHORE-HIGH-COURT-LAHORE

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