TANVEER AHMED vs ADDITIONAL DISTRICT JUDGE, KASUR O — 2023 MLD 264 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 264 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: TANVEER AHMED vs ADDITIONAL DISTRICT JUDGE, KASUR O
Subject matter: Civil

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

TANVEER AHMED VS ADDITIONAL DISTRICT JUDGE, KASUR O. V, Rr. 15 to 19---Service of summons---Prerequisites---Verified oath of process server---Recording of statement of process server---From the contents of the petition, it appeared that in the main suit respondents were not personally served with any process nor preconditions prescribed by Rr. 17, 18 & 19 of O. V of the C.P.C were fulfilled and in a mechanical way an order for service through publication was issued whereafter the ex parte proceedings order was made against respondents---Without diligent and honest compliance with the prerequisites of O. V, Rr. 15 to 19 of the C.P.C and in the absence of any legally admissible report duly attested by witnesses and verified on oath by the process server and without recording the statement of the process server to verify the manner in which the efforts were made for procuring the personal service or a proper declaration by the Court as to why the service in the ordinary mode and manner could not be effected, the passing of an order of substituted service in a mechanical manner had never been encouraged or considered lawful or effective nor such service could be deemed to be legal for all intents and purpose.

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