Mst. ZOHRAN BIBI vs GHULAM QADIR O — 2022 MLD 250 LAHORE-HIGH-COURT-LAHORE

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Mst. ZOHRAN BIBI VS GHULAM QADIR O.V, Rr.16, 18, 19 & O.IX, R.13---Inheritance---Ex-parte decree passed without recording evidence---Notice, service of---Application of petitioners (sister of respondents/plaintiffs) for setting aside ex-parte decree was concurrently dismissed on the grounds of limitation and due service---Validity---Report of the Process Server was not on oath---Such service was not in accordance with mandatory provisions of law---Ex-parte decree was to be set-aside if the summonses were not duly served---Process Server was not summoned and examined on oath by the Court before initiating ex-parte proceedings to testify his report of service---Summons was neither witnessed by anybody from the locality nor any independent person was reported to be present at that time nor any affidavit was given in that regard---Endorsement on the back of summons was not in prescribed manner---No mention of identifying the person served as to who had identified the defendants/petitioners---Ex-parte decree was passed without recording of any evidence---Merits of the case were not touched by the Trial Court, therefore, its recall could be considered under the provision of O.IX, R.13, C.P.C.---Respondents remained silent and moved application before revenue officers for implantation of impugned decree after 34 years thereof---Petitioners got knowledge about impugned judgment/decree through said application and limitation would start from such knowledge---No evidence available to prove knowledge of evidence otherwise---Petitioners were Parda observing illiterate village ladies and no independent advice was available to them against the opponents who were their real brothers enjoying undue influence being male members of family---Revision petition was accepted accordingly.

Mst. ZOHRAN BIBI vs GHULAM QADIR O — 2022 MLD 250 LAHORE-HIGH-COURT-LAHORE

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