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12(2) in case of Ex-Parte Proceedings

  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...