2023 MLD 1118
Suit for recovery of money on the basis of cheque --- Application for leave to appear , dismissal of - Mode of service Procedure when defendant refuses to accept service , or cannot be found .... Examination of serving officer --- Substituted serviceScope ... Plaintiff filed a suit to recover a certain amount based on a cheque under O. XXXVII of the Civil Procedure Code ( C.P.C . ) --- Defendant appeared and applied for leave to defend the suit , but the application was dismissed as it was considered time - barred --- Validity --- Process server's report indicated that the defendant had refused to receive the notice , leading to the notice being served by affixing it --- Trial Court ordered substitute service of the defendant through publication in a newspaper --- After the publication , the defendant appeared and filed an application , but it was dismissed --- Trial Court had failed to follow proper procedures outlined in the C.P.C .-- Process server had not provided the necessary details about the person who identified the defendant's house during the affixation --- Additionally , the Trial Court had not followed the for substituted mode of service --- prescribed procedure Publication made by the Trial Court violated relevant rules , rendering the order unsustainable --
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