Service of summons --Limitation ---- Petitioners filed suit against respondents , wherein respondents proceeded against ex parte --

 2023 MLD 264

Limitation Act ( IX of 1908 ) , Art . 181 --- Ex parte proceeding , setting aside of --- Limitation ---- Petitioners filed suit against respondents , wherein respondents proceeded against ex parte --- Respondents filed an application for setting aside ex parte proceedings , which was allowed --- Petitioner filed civil revision before Appellant Court , which was dismissed --- Held , that order for proceeding ex parte was passed on 07.12.2018 , while the application for setting aside of the same was moved by the respondents on 23.01.2019 --- Rule 7 of O. IX of the C.P.C contemplates that where the Court adjourns the hearing of the suit ex parte , the defendant appears at or before such hearing and assigns a " good cause " for his previous non - appearance may upon such terms as the Court directs as to cost or otherwise , be heard in answer to the suit as if he has appeared on date fixed for his appearance --- Objection as to limitation regarding application to set aside ex parte proceedings was legally unsustainable inasmuch as the application was filed on 07.12.2018 within the time prescribed by Art . 181 of the Limitation Act , 1908 and also before the final hearing of the suit --- Petition was dismissed , in circumstances .

Service of summons --- Prerequisites --- Verified oath of process server --- Recording of statement of process server --- From the contents of the petition , it appeared that in the main suit respondents were not personally served with any process nor preconditions prescribed by Rr . 17 , 18 & 19 of O. V of the C.P.C were fulfilled and in a mechanical way an order for service through publication was issued whereafter the ex parte proceedings order was made against respondents ---- Without diligent and honest compliance with the prerequisites of O. V , Rr . 15 to 19 of the C.P.C and in the absence of any legally admissible report duly attested by . witnesses and verified on oath by the process server and without recording the statement of the process server to verify the manner in which the efforts were made for procuring the personal service or a proper declaration by the Court as to why the service in the ordinary mode and manner could not be effected , the passing of an order of substituted service in a mechanical manner had never been encouraged or considered lawful or effective nor such service could be deemed to be legal for all intents and .. purpose .

Ex parte proceedings , setting aside of --- Decision on merits --- Policy of law enjoins avoidance of technicalities while considering an application for setting aside an order for proceeding ex parte ; particularly when no material proceedings occurred after the order --- Generous consideration is to be extended to afford the parties an opportunity to obtain decision on merits rather than to decline hearing on technical grounds .