557/2013 Suit Anwar Ahmed. (Plaintiff) V/S V/S Waqar Ahmed and others. (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 15-JAN-15
(a) Sindh Chief Court Rules (O. S.)--- ----Rr. 145, 146 & 147---Deficiency in service of summons---Effect---Proper service of summons and notices on the defendants was the foundation of proper exercise of jurisdiction of court---Improper service would result in either multiplicity of litigation or setting aside of ex parte order which would result in inordinate delay in the disposal of cases on merits---Failure of Additional Registrar High Court in discharging his duty would adversely affect not only valuable rights of the litigants but also render the court proceedings defective and meaningless---Final order on defective foundation were prone to be set aside either by the same court under S.12(2), C.P.C. or on appeal by the Appellate Court---Proceedings before the Additional Registrar High Court were judicial and order of the same were acts of court---Registrar High Court was directed to hold an audit of performance of Additional Registrar High Court and examine all the cases as well as disposal of ex parte judgment and decree on the basis of defective service of summons and submit report so that in future process could be properly issued and served---If ex parte decrees were passed on the basis of defective service then same would result in condemning many of the litigants---Court was bound to ensure justice to all and if any injustice was caused to anyone on account of negligence or incompetency of its officer in discharging his duties then same should not be allowed to be perpetuated---Registrar High Court was further directed to place report before the Chief Justice for his information and action if so desired---Role of counsel was to ensure proper application of "Rules for Service" on the defendants and assist the court even at the level of Additional Registrar of High Court to apply his judicial mind instead of capitalizing on such defects at initial stage of litigation for the benefits of their clients. (b) Administration of justice--- ----Court was bound to ensure justice to all and if any injustice was caused to anyone on account of negligence or incompetency of its officer in discharging his duties then same should not be allowed to be perpetuated. (c) Administration of justice--- ----Role of counsel in a case, was to ensure proper application of "Rules for Service" on the defendants and assist the court even at the level of Additional Registrar of High Court to apply his judicial mind instead of capitalizing on such defects at initial stage of litigation for the benefits of their clients.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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