2003 SCMR 1331 SUPREME-COURT

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PROVINCE OF PUNJAB VS Mst. UMAT UL BASIT Code of Civil Procedure 1908--12 , Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Non-appearance of tenant---Notice issued to District Attorney---Government was running a school in the rented premises ---Ejectment was sought on the ground of default and damage to property---Rent Controller dismissed the ejectment petition but Appellate Court allowed the appeal and passed eviction order---Authorities filed application under S.12(2) C.P.C. for setting aside of the eviction order on the plea that they had not been served with the process---Appellate Court dismissed the application under S.12(2). C.P.C. as the notice was twice delivered at the office of the authorities as well as to the District Attorney---Ex parte order passed by Appellate Court was maintained by the High Court---Validity---Not only the Secretary Education was duly served but the Government Pleader in any) Court was agent of the Government for the purpose of receiving processes against the Government issued by such Court---Service of notice on the District Attorney therefore, was also due service on the Government---Supreme Court declined to interfere with the eviction order passed by Appellate Court---Leave to appeal was refused.