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MUHAMMAD HUSSAIN vs Rana SOHAIL ANJUM O — 2022 CLC 1529 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 1529 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
MUHAMMAD HUSSAIN vs Rana SOHAIL ANJUM O
Subject matter
Civil
Provisions referred to
Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD HUSSAIN VS Rana SOHAIL ANJUM O.V, Rr.17, 18, 19 & 20---Setting aside ex-parte proceedings / decree---Service duly made---Substituted service---Scope---Process Server was bound to indicate in his report that the petitioner/his agent refused to sign the acknowledgment and he could not find the defendant or his agent and then he had affixed a copy of the summons on the conspicuous part of the house where the defendant was residing---In such case Court had to examine the Serving Officer on oath touching his proceedings and had to pass an order as to whether summons had been duly served or was to direct fresh service---Before passing of an order of substituted service, the Court was bound to record its satisfaction to the effect that there was reason to believe that the defendant was avoiding service and thereafter the court had to order the service of summons through substituted modes in terms of R.20 of O.V, Civil Procedure Code---After the court satisfied itself that it was a case for substituted service, it should order the summons to be served by affixing a copy thereof in some conspicuous place in the court-house---High Court observed that service through publication in the newspaper should not be resorted to unless the Court is satisfied that the defendant had been properly served and he was avoiding service for reasons best known to him.

Other judgments reported in 2022 CLC

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