2024 C L C 1588
[Peshawar (Mingora Bench)]
Before Muhammad Naeem Anwar, J
Haji MAQBOOL AHMAD----Petitioner
Versus
NADAR KHAN and others----Respondents
Writ Petition No.996-M of 2021, decided on 30th November, 2023.
Specific Relief Act (I of 1877)---
----S. 12---Civil Procedure Code (V of 1908), O.V, R.17---Constitution of Pakistan, Art. 199---Constitutional petition---Substituted service---Principle---Petitioner / plaintiff filed suit for specific performance of agreement to sell and Trial Court proceeded ex-parte against respondent / defendant---Lower Appellate Court in exercise of revisional jurisdiction set aside the order on the ground that substituted service was not properly issued---Validity---Implementation of substituted service requires adherence to strict procedural requirements---Substituted service serves as an essential tool in ensuring effective communication within the legal system, as it enables progress of legal proceedings even when personal service is not possible ensuring that parties are duly informed and given an opportunity to respond---By utilizing substituted service, legal system strives to uphold principles of fairness, transparency and access to justice---Before resorting to manner of service provided under O.V, R.17, C.P.C., the Court should observe requirements regarding personal service of defendant, failing which rest of the exercise in such respect should not be considered as lawful---High Court declined to interfere in order passed by Lower Appellate Court in exercise of revisional jurisdiction as it had rightly invoked provision of O.IX, C.P.C., for providing opportunity of hearing to respondent / defendant---No prejudice was caused to petitioner / plaintiff as civil revision was pending adjudication before Lower Appellate Court---Writ of certiorari could only be issued when fora below had flagrantly disregarded law or acted against provisions of law---Constitutional petition was dismissed, in circumstances.
Syed Muhammad Anwar Advocate v. Sheikh Abdul Haq 1985 SCMR 1228; Malik Muhammad Nazir v. Mian Abdul Raheem and another PLD 1968 Lah. 792; Fazal Karim v. Hussain Din 2019 MLD 1082; Mst. Jameela Bibi (deceased) through LRs v. Mst. Fatima Bibi (deceased) through LRs 2023 SCMR 485; Hazrat Bilal through legal heirs and others v. Mst. Spownai and others PLD 2021 SC 700; Meera Shafi v. Ali Zafar PLD 2021 SC 211; Muhammad Ijaz Ahmad Chaudhry v. Mumtaz Ahmad Tarar and others 2016 SCMR 1; H. M. Saya & Co. Karachi v. Wazir Ali Industries Ltd., Karachi and another PLD 1969 SC 65 and Imtiaz Ahmed v. Ghulam Ali and others PLD 1963 SC 382 ref.
PLD 2012 SC 292; PLD 2011 SC 671; 2011 SCMR 1429; 2010 SCMR 1933; 2010 SCMR 970; 2010 SCMR 755; 2009 SCMR 808; 2008 SCMR 529; 2007 SCMR 330 and 1993 SCMR 122 rel.
Syed Fazal Rahman for Petitioner.
Yasir Umair Khan for Respondent No.1.
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