Citation Name: 2023 MLD 1167 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHEHZAD vs Mst

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Citation Name: 2023 MLD 1167 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHEHZAD VS Mst. SARRAN BIBI Decision should be rendered on merits rather than rights being sacrificed at the altar of procedures, technicalities and rigors of rules---Courts may deny relief to those who have been indolent to safeguard their rights or abused process of law by delaying legal proceedings. Citation Name: 2023 MLD 1167 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHEHZAD VS Mst. SARRAN BIBI O. V, Rr. 20, 25---Service where defendant resides out of Pakistan and has no agent---Substituted service---Scope---Petitioner who resided abroad was not served properly---Trial Court as well as the appellate court dismissed petitioner's application for setting aside ex parte judgment and decree by simply observing that application had been filed willfully to disturb the execution proceedings---Question whether service was actually effected or respondents were aware of the said proceedings were substantial in nature and the Court was under duty to decide such question after recording of pro and contra evidence---Ex parte decrees were passed on the basis of defective service---Same would adversely affect not only valuable rights of the litigants but also render the Court proceedings defective and meaningless as final order/ judgment on defective foundation is liable to be set aside---Substituted service by way of publication is only presumed to be personal service which presumption is rebuttable---Substituted service could not be resorted to unless all efforts to effect service in the ordinary manner were verified to have failed---In the present case prior to publication in the newspaper, neither the available modes of service were exhausted nor was there a verification that the modes of service so used had failed---Impugned orders passed by Courts below, were set aside and petitioner's application for setting aside judgment and decree was allowed--- Revision petition was allowed, in circumstances. Citation Name: 2023 MLD 1167 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHEHZAD VS Mst. SARRAN BIBI Limitation runs from the date of knowledge.

Citation Name: 2023 MLD 1167 LAHORE-HIGH-COURT-LAHOREBookmark this Case NAEEM SHEHZAD vs Mst — 2023 MLD 1167 LAHORE-HIGH-COURT-LAHORE

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