2022 YLR 2332 SUPREME-COURT-AZAD-KASHMIR

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COMMISSIONER RELIEF AND REHABILITATION AZAD JAMMU AND KASHMIR VS Syed MASOOD HAMDANI Courts are bound by law and law does not require the Courts in administration of justice to make distinction between an ordinary litigant and the Government functionaries---No special treatment can be given. Head NotesCase Description Citation Name: 2022 YLR 2332 SUPREME-COURT-AZAD-KASHMIRBookmark this Case COMMISSIONER RELIEF AND REHABILITATION AZAD JAMMU AND KASHMIR VS Syed MASOOD HAMDANI Law helps the vigilant and not those who remain indolent in protection of their rights by sleeping over their infringement. Head NotesCase Description Citation Name: 2022 YLR 2332 SUPREME-COURT-AZAD-KASHMIRBookmark this Case COMMISSIONER RELIEF AND REHABILITATION AZAD JAMMU AND KASHMIR VS Syed MASOOD HAMDANI O. IX, R. 6---Procedure when only plaintiff appears--- Summons duly served---Summons not duly served---Summons served, but not in due time---Scope---Order IX, R. 6 of C.P.C. contemplates three situations (i) when summons was duly served; (ii) when summons was not duly served and (iii) when summons served, but not in due time---In the first situation, when it is proved that the summons was duly served, the Court may make an order that the suit be heard ex parte---Said provision casts an obligation on the Court and simultaneously invokes a call to the conscience of the Court to feel satisfied in the sense of being 'proved' that the summons was duly served and then alone Court is conferred with a discretion to make an order that the suit be heard ex parte---Basic purpose and objective of summons is to inform defendant of proceedings so that he can appear before the Court and be heard or any defence that he may wish to put up; at the same time, defendant cannot be allowed to frustrate or delay a legitimate claim by staying away from the Court proceedings and it is for such reason, law permits the Court to decree a suit ex parte---Once it is shown that the summons was 'duly served' an ex parte decree can follow and then execution can be levied against the defendant, who then becomes judgment-debtor. Head NotesCase Description

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