Haji MAQBOOL AHMAD vs NADAR KHAN S — 2024 CLC 1588 PESHAWAR-HIGH-COURT

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Haji MAQBOOL AHMAD VS NADAR KHAN S. 12---Civil Procedure Code (V of 1908), O.V, R.17---Constitution of Pakistan, Art. 199---Constitutional petition---Substituted service---Principle---Petitioner / plaintiff filed suit for specific performance of agreement to sell and Trial Court proceeded ex-parte against respondent / defendant---Lower Appellate Court in exercise of revisional jurisdiction set aside the order on the ground that substituted service was not properly issued---Validity---Implementation of substituted service requires adherence to strict procedural requirements---Substituted service serves as an essential tool in ensuring effective communication within the legal system, as it enables progress of legal proceedings even when personal service is not possible ensuring that parties are duly informed and given an opportunity to respond---By utilizing substituted service, legal system strives to uphold principles of fairness, transparency and access to justice---Before resorting to manner of service provided under O.V, R.17, C.P.C., the Court should observe requirements regarding personal service of defendant, failing which rest of the exercise in such respect should not be considered as lawful---High Court declined to interfere in order passed by Lower Appellate Court in exercise of revisional jurisdiction as it had rightly invoked provision of O.IX, C.P.C., for providing opportunity of hearing to respondent / defendant---No prejudice was caused to petitioner / plaintiff as civil revision was pending adjudication before Lower Appellate Court---Writ of certiorari could only be issued when fora below had flagrantly disregarded law or acted against provisions of law---Constitutional petition was dismissed, in circumstances.

Haji MAQBOOL AHMAD vs NADAR KHAN S — 2024 CLC 1588 PESHAWAR-HIGH-COURT

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