PLJ 2021 Lahore 654 [Rawalpindi Bench, Rawalpindi] Present: Mirza Viqas Rauf, J. YAQOOB ALI (Deceased) through his Legal Heirs and others--Petitioners versus MUHAMMAD AYUB and others--Respondents W.P. No. 1447 of 2017, heard on 15.4.2021. Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2)--A decree was sought by petitioners that they are owners in possessions of suit land--Respondents were proceeded ex-parte and finally after recording of ex-parte evidence suit was decreed--Respondents on attaining knowledge moved an application under section 12(2) of Code of Civil Procedure seeking annulment of ex-parte judgment and decree passed in favour of petitioners--Application was though resisted by petitioners but it was accepted--Assailed said order through a revision petition before ADJ but revision petition was dismissed--Concurrent findings are suffering with material illegalities and as such are not sustainable--Application was rightly ac...
PLJ 2025 SC 731 [Appellate Jurisdiction] Present : Amin-Ud-Din Khan and Shahid Bilal Hassan, JJ. M/s. MOBISERVE PAKISTAN (PVT.) LIMITED--Petitioner versus. M/s. V-TECH and others--Respondents CPLA No. 3824 & C.M.A. No. 8489 of 2023, decided on 29.7.2025. (Against the order dated 18.09.2023 passed in W.P. No. 2874 of 2022 by Islamabad High Court, Islamabad & stay application) Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2) & O.V Rr. 19 & 20--Application alleging fraud or misrepresentation in obtaining decree--Service of summon--Substitute service--Non-appearance ex-parte decree--Application u/S. 12(2)--Dismissed--Writ petition--Dismissed--Remanded to--It was observed that substituted service could only be effected when ordinary summons could not be served or defendant deliberately avoids to receive summons of Court and Court was satisfied that service could not be effected through ordinary modes of service and that satisfaction can be achiev...