SALEEM MEHMOOD vs Ch — 2023 CLC 1131 LAHORE-HIGH-COURT-LAHORE

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SALEEM MEHMOOD VS Ch. SAEED ASGHAR O.XXXVII Rr.1, 2 & Form IV of appendix B----Limitation act (IX of 1908), art.159---Services, when properly effected---Limitation, commencement of----Copy of plaint----Purpose---Duty of Court--- Respondent /plaintiff filed suit for recovery of amount on basis of cheque before Trial Court---appellant/defendant filed leave to defend---Trial Court rejected the said application for leave to defend---Validity---Suit filed by the respondent being summary in nature under O.XXXVII of the C.P.C., summonses were required to be issued on Form IV of appendix B ,C.P.C and it was imperative that copy of the plaint and all the annexures should be sent to the defendant along with the summons and without fulfillment of that requirement, it could not be held that services was properly effected---Even if the defendant had been served with summons, without copy of plaint, and he had been appearing before the Court, the limitation would not run till the time he was supplied with a copy of the plaint for the reason that only on provision of copy of plaint he would gain knowledge as to what nature of suit was pending against him---appellant/defendant, could not be served through summons, but he was served through publication of notice in the newspaper---Even on appellant's appearance before the Court, through his counsel, appellant was not provided a copy of the plaint and annexures; it was the responsibility of the plaintiff/respondent to provide copy of the plaint along with annexures to the defendant/appellant and not that of defendant/appellant to demand a copy thereof---Purpose behind issuance of summons along with copy of the plaint and the annexures was that the defendant/appellant should have gained knowledge of pendency and nature of suit against him ---appeal was allowed and the case was remanded for decision afresh, after affording opportunity of hearing to the both parties in accordance with law.

SALEEM MEHMOOD vs Ch — 2023 CLC 1131 LAHORE-HIGH-COURT-LAHORE

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