ALI MUHAMMAD vs FIDA HUSSAIN O — 2023 MLD 39 Gilgit-Baltistan Chief Court

Case information

Citation: 2023 MLD 39 Gilgit-Baltistan Chief Court
Year: 2023
Reporter: MLD
Parties: ALI MUHAMMAD vs FIDA HUSSAIN O
Subject matter: Civil
Provisions referred to: S. 12

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

ALI MUHAMMAD VS FIDA HUSSAIN O. V, R. 25 & S. 12(2)---Service where defendant resides out of Pakistan and has no agent---Scope---Petitioner assailed ex-parte judgment and decree on ground that he was residing out of Pakistan when the decree was passed against him---Validity---Trial Court had not bothered to comply with the mandatory provision of O. V, R. 25, C.P.C., as it had not issued any notice through postal communication to the petitioner through the embassy of Pakistan---Trial Court had not got published notice in any national or international newspaper---Ex-parte decree passed by the Trial Court against the petitioner was a result of misrepresentation and fraud and was not sustainable in the eyes of law---Revision petition was accepted and the application filed by petitioner under S. 12(2), C.P.C., was allowed Head NotesCase Description

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