MUHAMMAD MANSAB vs MUHAMMAD HANIF O — 2025 SCMR 60 SUPREME-COURT

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MUHAMMAD MANSAB VS MUHAMMAD HANIF O.XXXVII, Rr. 1, 2 & 4---Summary suit for recovery based on cheques---Ex parte decree---Application for setting aside ex parte decree dismissed---Validity---All available modes of service were adhered to by the Trial Court so that the petitioner (defendant) should join the proceedings and after failure in ordinary means of service, the Trial Court resorted to publication of Court notice in newspaper but even then the petitioner did not bother to join the proceedings, therefore, he was proceeded against ex parte on 18.02.2022---Even the order dated 09.06.2022 goes to divulge that after closure of ex parte evidence, the Trial Court kept the file of the case in wait but none on behalf of the petitioner joined the proceedings and ultimately the Trial Court proceeded to pass the ex parte judgment and decree dated 09.06.2022---After lapse of about 19 months, the petitioner filed application seeking setting aside of ex parte judgment and decree dated 09.06.2022 and not the order dated 18.02.2022 when he was proceeded against ex parte, that too, without filing an application for leave to appear and defend the suit, which otherwise ought to have been filed along-with the application for setting aside ex-parte proceedings, judgment and decree, because proceedings under Order XXXVII of Code of Civil Procedure, 1908 ('C.P.C.') are of summary nature and special procedure has been provided for the same---Rule 4 of O. XXXVII, C.P.C. deals with the situation where the defendant fails to appear and files application for leave to defend; however, in the instant case, no application for leave to appear and defend was filed by the petitioner and only application seeking setting aside of ex parte judgment and decree, but not the order for initiating ex parte proceedings, was filed.

MUHAMMAD MANSAB vs MUHAMMAD HANIF O — 2025 SCMR 60 SUPREME-COURT

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