SHAHZAD AKHTAR vs FARUKH JAMEEL O — 2023 MLD 1118 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 1118 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: SHAHZAD AKHTAR vs FARUKH JAMEEL O
Subject matter: Civil
Provisions referred to: Civil Procedure Code (C.P.C.)

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

SHAHZAD AKHTAR VS FARUKH JAMEEL O. XXXVII, Rr. 1, 2, 3 & O. V, Rr. 10, 17, 19, 20----Suit for recovery of money on the basis of cheque---Application for leave to appear, dismissal of---Mode of service---Procedure when defendant refuses to accept service, or cannot be found---Examination of serving officer---Substituted service---Scope---Plaintiff filed a suit to recover a certain amount based on a cheque under O. XXXVII of the Civil Procedure Code (C.P.C.)---Defendant appeared and applied for leave to defend the suit, but the application was dismissed as it was considered time-barred---Validity---Process server's report indicated that the defendant had refused to receive the notice, leading to the notice being served by affixing it---Trial Court ordered substitute service of the defendant through publication in a newspaper---After the publication, the defendant appeared and filed an application, but it was dismissed---Trial Court had failed to follow proper procedures outlined in the C.P.C.---Process server had not provided the necessary details about the person who identified the defendant's house during the affixation---Additionally, the Trial Court had not followed the prescribed procedure for substituted mode of service---Publication made by the Trial Court violated relevant rules, rendering the order unsustainable---Civil revision was allowed.

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