THE PROVINCIAL INDUSTRIAL DEVELOPMENT CORPORATION vs MESSRS Sh. — 1965 PLD 20

Citation: 1965 PLD 20

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: THE PROVINCIAL INDUSTRIAL DEVELOPMENT CORPORATION vs MESSRS Sh. JUDGMENT

Headnotes

Case cited as PLD 1965 Pesh. 20

Judgment Text

Court Name: Sindh High Court Judge(s): Imdad Ali H. Agha Title:THE PROVINCIAL INDUSTRIAL DEVELOPMENT CORPORATION vs MESSRS Sh. JUDGMENT Reported As: PLD 1972 Karachi 393 Result: Application allowed Judgment JUDGMENT This is an application under Order IX, rule 13 of the Code--of Civil Procedure moved by one of the partners of the defen--dant firm in the suit for setting aside ex parte decree that was passed against the defendant-firm on 25-5-1971. This application has been made on 10-9-1971. 2. The learned counsel for the applicants argued and was, able to show from the record that numerous attempts were made by the Court to effect service in the ordinary way on the defendant firm but they had failed and thereafter the Court had ordered the summons to be served in a substituted way under. Order V, rule 20, C. P. C. By publication in a local newspaper, and, accordingly, such publication was made in the newspaper "Nawa-e-Wakat" of Lahore as the defendant-firm had his prin--cipal place of business at Lyallpur. Even after this substituted servica the summons were sent by registered post by this Court and they were also ordered to be affixed on the notice board of the Senior Civil Judge, Lyallpur. On these facts, counsel for the applicant contends that the summons on the defendant-firm: bad not been served in accordance with the mandatory provision of Order XXX, rule 3, C. P. C. Which lays down that the summons on the partners sued in the name of their firm shall= be served…

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