2015 CLC 620 QUETTA-HIGH-COURT-BALOCHISTAN

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LA GUARDIA GROUP OF COMPANIES VS ABDUL NAFEY 1987 SCMR 845, PLD 1979 SC 18, Applicability--Term , Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--6 , Civil Procedure Code --Order V of C.P.C. Issues and Service of Summons--12 , Civil Procedure Code --Order V of C.P.C. Issues and Service of Summons--20 , Ejectment of tenant--Term , Limitation Act 1908--SCHI, 164 , Limitation Act 1908--SCHI, 181 , Limitation--TERM , Substituted Service--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , O. V, Rr. 20, 12 & O. IX, R. 6(1)(a)---Limitation Act (IX of 1908), Arts.164 & 181---Constitution of Pakistan, Art.10-A---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Ejectment of tenant---Ex parte order, setting aside of---Limitation---Substituted service---Scope---Principle of "audi alteram partem"---Applicability---eviction petition did not show address of tenant due to which service could not be effected---Procedure for substituted service was not adopted in letter and spirit---Alternate and substitute mode of service was required to be adopted when notices could not be served through ordinary mode of service---Service on agent could be considered effective if it fulfilled the stipulation contained in O.V, R.12, C.P.C.---Service, in the present case, was not properly effected---Trial Court did not adhere to the mandatory provision of law---Limitation would be governed under Art.181 of Limitation Act, 1908 in case of non-service of notice of an adjourned hearing---Limitation would be governed under Art.164 of Limitation Act, 1908 when ex parte order was passed under O.IX, R.6(1)(a), C.P.C.---Appeal filed by the tenant was well within time---Lis between the parties to be adjudicated on merits and no one should be non-suited on the basis of technicalities---Fair opportunity of hearing should be provided to the contesting parties---Law did not permit that dispute be decided on technicalities---Justice could only be done after hearing both the parties to decide the lis on merits alone---Ex parte judgment passed by the Trial Court was set aside and case was remanded for its adjudication on merits after providing fair opportunity of leading evidence to the parties---Appeal was accepted in circumstances.