849/2017 Const. P. Nofil Nawaz Mulkana (Petitioner) V/S Sana Maqbool & Others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 13-JUN-18
The proceeding in the nature of summary trial does not mean that process of effecting service will only be a formality. It is but the initial pillar in the procedure to achieve disposal on merit after effecting service. The trial Court Judge should have made efforts and that should be seen to have been done by trial Court in effecting service though nothing is available on record as far as Bailiffs report of refusal is concerned. There is nothing as far as reasoning is concerned as to why service was not effected at the address of Copenhagen and why address of the attorney Umer Al-Hamidi was considered as lawful. What convinced the trial Court to conclude that summons of the instant suit were to be served upon alleged attorney is mystery. The process of substituted service is not to be taken lightly by the trial Court. It is to be exercised only in case when it is required i.e. where the Court is satisfied with the reasons to believe that the defendant is keeping out of way for the purpose of avoiding service or that for any other reason summons cannot be served in the ordinary way the Court shall order for service of summons by: (a) affixing a copy of the summons at some conspicuous part of the house, if any, in which the defendant is known to have last resided or carried on business or personally worked for gain; or (b) any electronic device of communication which may include telegram, telephone, photogram, telex, fax, radio and television or (c) urgent mail service or public courier services or (d) beat of drum in the locality where the defendant reside; or (e) publication in press; or (f) any other manner or mode as it may think fit;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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