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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: GHULAM SARWAR VS Respondent: FAIZ MUHAMMAD and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: GHULAM SARWAR vs FAIZ MUHAMMAD and another Case No.: Civil Petition for Leave to Appeal No,220-P of 1988 Date of Judgment:1989-01-17 Reported As: 1989 SCMR 849 Result: Leave to appeal refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--A vendee/defendant in a suit for pre-emption having lost in the first round of litigation --an executable ex parte decree was passed against him, challenged the same in several proceedings on the ground that he had been defrauded with regard to the service of summons on him at a certain stage of the suit. Having failed throughout to stop execution of the decree on this plea, he ultimately filed a Constitutional petition in the High Court and the same having been dismissed, he has now sought leave to appeal. After some arguments it is accepted by the learned counsel for the petitioner that whether it was application under section 12(2) of the C.P.C. Based on allegation of fraud, or an objection to the execution of the decree based on similar ground, (an application for setting aside an ex parte decree and or an appeal against the ex parte decree on similar grounds), the petitioner could not succeed unless he was able to establish his plea on facts relating to the question of the service of the summons. There are concurrent findings on fact against him on this issue. His attempt to discredit the Process Server who confidently deposed against him, having failed, no relief can be granted to him on any technicality. It is not a fit case for leave to appeal. The same, therefore, is refused.
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