MUMTAZ HUSSAIN SIDDIQUI vs MUHAMMAD TAHIR O — 2025 PLD 53 KARACHI-HIGH-COURT-SINDH

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MUMTAZ HUSSAIN SIDDIQUI VS MUHAMMAD TAHIR O. XXXVII, Rr. 2 & 3---Suit for recovery---Summary trial---Application for leave to defend, filing of---Limitation---Specified time of 10 days---Scope---Service upon the defendant---Trial Court, responsibility of---On failure of the defendant to file leave to defend application, the Trial Court passed ex-parte judgment and decree; later, Trial Court dismissed the defendant's application under O. IX, R. 13, C.P.C. read with S. 12(2), C.P.C. seeking setting aside of the original judgment and decree---Validity---In the present case, according to the relevant diary (order) sheet, the service upon the appellant/defendant, based on the report of bailiff, was held good by the Trial Court---However, simultaneously and paradoxically, in the same order (date on which service was held good) as well as on the following date (which was also the date on which the appellant was barred from filing Leave to Defend application and his defence was struck off), the Trial Court directed the respondent/plaintiff to file courier receipts and acknowledgment of delivery ("AD")---Thus, it was apparent that the Trial Court considered the service as valid despite the absence of essential documents (like courier receipts and AD)---Said anomaly raised significant concerns and called into question the thoroughness and reliability of the Trial Court's evaluation of service validity---High Court set-aside the ex-parte impugned judgment and decree and the dismissal order of the appellant's application (seeking setting aside of the original impugned judgment and decree) with the direction that the appellant shall file his leave to defend application in the suit within ten (10) days from today---Appeal, filed by defendant, was allowed accordingly.

MUMTAZ HUSSAIN SIDDIQUI vs MUHAMMAD TAHIR O — 2025 PLD 53 KARACHI-HIGH-COURT-SINDH

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