SULTAN MUHAMMAD vs Mst. HAMIDA BEGUM AND 18 Other — 1970 SCMR 466

Citation: 1970 SCMR 466

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: SULTAN MUHAMMAD vs Mst. HAMIDA BEGUM AND 18 Other

Headnotes

Case cited as 1970 SCMR 466

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: SULTAN MUHAMMAD vs Mst. HAMIDA BEGUM AND 18 Other Case No.:Civil Petition for Special Leave to Appeal No. 365 of 1969 Civil Revision No. JUDGMENT Reported As: 1970 SCMR 466 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C.J.- This is a petition for special leave to appeal from an order of a learned single judge of the High Court of West Pakistan Lahore Seat dismissing in limine a petition under section 115 of the civil procedure code. The above mentioned petition arose out of a suit filed --by the present petitioner for a declaration and a permanent injunction. The defendants in the suit could not be served and, therefore, the petitioner obtained an order for substituted service under Order V, rule 20 of the Civil Procedure Code. After this was done, by publication in newspapers, then he obtained an ex parte decree against all the defendants. Out of the 19 defendants only one, namely Mst. Inayat Begum filed an application under Order IX, rule 13 of the Civil Procedure Code for setting aside the ex parte decree on the ground that the summonses had never been served as the petitioner had fraudulently suppressed their correct addresses and thereby misled the Court. The application for setting aside the ex parte decree was made after the expiry of 30 days on 2-4-1968 to have the decree passed on 21-2-1968 se aside. An objection was accordingly taken that the application was…

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