Case law on exparte decree. Notice was served properly .

The Lahore High Court made a unique decision regarding how Article 199 of the Constitution of Pakistan applies to cases where proper notice and service are contested. They likely focused on ensuring fair trials and due process by addressing the issue of notification in legal proceedings. This ruling could establish a precedent for similar cases in the future.

The order by the Lahore High Court was likely related to upholding the lower appellate court's judgment, which stated that the appellant/tenant was served personally, and the Process Server testified under oath that he served the appellant in person. This order indicated that the court found the service of notice to be valid and upheld the decisions made by the lower courts in the case against Muhammad Saeed.

Form No.HCJD/C-121

ORDER SHEET

IN THE LAHORE HIGH COURT LAHORE 

 JUDICIAL DEPARTMENT

W.P. No.35336 of 2024.

Muhammad Ilyas. 

 Versus

Muhammad Saeed, etc.

S.No.of order/ 

Proceeding

Date of Order/

Proceeding

Order with signature of Judge, and that of 

parties’ counsel, where necessary.

05.06.2024

Mr. Amjad Qayum, Advocate for the petitioner.

In this petition under Article 199 of the 

Constitution of Islamic Republic of Pakistan, 1973, the 

petitioner has assailed the order dated 02.04.2024

passed by the Special Judge Rent, Gujranwala whereby 

application of the petitioner for setting aside ex-parte

final order was dismissed as well as the judgment dated 

23.04.2024 passed by the Additional District Judge, 

Gujranwala whereby appeal of the petitioner thereagainst was also dismissed. 

2.

Learned counsel for the petitioner contends that 

the impugned decisions of the courts below are against 

the law and facts and result of misapplication of law

inasmuch as the petitioner was not aware about the 

proceedings as no notice was ever served upon the 

petitioner. 

3.

The impugned judgment dated 23.04.2024 of the 

lower appellate court has been passed to the following 

effect:-

“9.

In the instant case appellant/tenant was 

served personally and learned trial court had 

recorded the statement of Process Server in this 

regard who on oath submitted that he effected 

service of appellant in person. It is manifest from 

the record that appellant/tenant has filed simple 

application for setting aside ex-parte proceedings 

and final order, whereas no application for leave to 

contest has been accompanied alongwith the said 

2

W.P. No.35336 of 2024

petition which is against the spirit of Section 21(4) 

of the Punjab Rented Premises Act, 2009.”

4.

When confronted, learned counsel for the 

petitioner concedes that although no application for 

leave to contest was filed, however, specific plea was 

taken in the application for setting aside ex-parte final 

order to question ownership of respondent No.1 qua 

demised premises which warranted grant of leave, 

framing of issues and decision after recording of 

evidence. 

5.

Section 21(4) of the Punjab Rented Premises Act, 

2009 (‘Act’) states that if an ex-parte order is passed 

against a respondent, the respondent may, within ten 

days from the date of knowledge, apply to the Rent 

Tribunal for setting aside ex-parte order along with an 

application for leave to contest. Section 22(3) of the Act 

provides that an application for leave to contest shall be 

in the form of a written reply, stating grounds on which 

the leave is sought and shall be accompanied by an 

affidavit of the respondent, copy of all relevant 

documents in his possession and, if desired, affidavits 

of not more than two witnesses. 

6.

From perusal of Section 21(4) of the Act, it is 

abundantly clear that while applying for setting aside 

ex-parte order, a separate application for leave to 

contest, in the form and manner prescribed in Section 

22(3) of the Act has to be filed within the period of 

limitation. Any plea taken on merits of the case in the 

application for setting aside ex-parte order passed by 

the Rent Tribunal under Section 21 of the Act without 

an application seeking leave to contest in the form and 

3

W.P. No.35336 of 2024

manner prescribed under Section 22(3) of the Act 

cannot be taken into consideration. Therefore, the 

impugned order dated 23.04.2024 is unexceptionable 

and warrants no interference. 

7.

In view of foregoing, no illegality, infirmity or 

jurisdictional error has been pointed out by learned 

counsel for the petitioner in the impugned decisions of 

the courts below warranting interference of this Court 

in the exercise of jurisdiction under Article 199 of the 

Constitution of Islamic Republic of Pakistan, 1973. 

Resultantly, instant petition, being devoid of any merit, 

is hereby dismissed in limine.

 

 (RAHEEL KAMRAN)

 

 JUDGE 

Approved for reporting.

JUDGE

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