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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: PUNJAB LIVESTOCK, DAIRY AND POULTRY DEVELOPMENT BOARD, LAHORE VS Respondent: Sh. MUHAMMAD YOUNAS
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Shafi-ur-Rehman Title:PUNJAB LIVESTOCK, DAIRY AND POULTRY DEVELOPMENT BOARD, LAHORE vs Sh.
MUHAMMAD YOUNAS Case No.: Civil Petition No. 83 of 1980 F.A.O. No.217 of 1979 Date of Judgment:1985-03-01 Reported As: 1985 SCMR 1729 Result: Leave granted Judgment ORDER SHAFIUR RAHMAN, J--The defendant, a statutory Corporation, seeks by this petition leave to appeal against the judgment of Lahore High Court dated 21-11-1979 whereby its appeal against the refusal of its application to set aside an ex parte decree was dismissed. The plaintiff-respondent on ' 30-5-1978 instituted a civil suit claiming recovery of Rs.10,14,144118 in the Court of Senior Civil Judge, Rawalpindi. The Court ordered service of notice by registered post for 18-6-1978. None appeared for the petitioner on that date and on the same date the Court decreed the claim. An application for setting aside the ex parte decree was filed on 24-6-1978 which the respondent contested and was dismissed by the trial Court. The appeal against it failed and the cross- objection filed by the respondent succeeded. Hence this petition for leave to appeal. The learned counsel for the petitioner has contented that the finding of the High Court that the application for setting aside the ex parte decree was not competently filed is not supportable in law in view of the decisions in Toor Gul v. Mat. Mumtaz Begum PLD 1972 SC 9, Ismail and another v. Mst. Razia Begum and 3 others 1981 SCMR 687 and Messrs Nabi Bakhsh 3 Sons v. Pakistan, through the Secretary, Ministry of Industries and Natural Resources PLD 1969 Kar.. 210. As regards the sufficiency of the grounds the learned counsel for the petitioner referred to the manner in which service of the notice was effected, the absence of any record of its receipts in the registered office of the petitioner, and the nature of the claim made and the absence of exercise and application of judicial mind of the Court while acting under Order IX, rule 6, C.P.C.
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This is a case of first impression in which leave to appeal is granted for an authoritative pronouncement on the subject. The appeal shall be made ready on present record for hearing. The decretal amount shall be invested within to months in Khas Deposit Certificates by the petitioner for the benefit of successful litigant. On this being done, the execution proceedings shall be stayed.