JUNAID IQBAL BUTT versus MUHAMMAD BABAR SHAHZAD QADRI
Article 159 Civil Procedure Code (V8 1908) OV, R 16 and O XXXVII, Rr 2 and 3 Impact of Non-Compliance with Plaintiff's Copy Service / Summons for Rehabilitation Appearing on Defendant's Leave and Defending According to the excluded trial court on the basis that under Article 159 of the Limitation Act, 1908, he stated that the application was not made within a legal period of ten days from the date of service. The defendant's view was that the defendant's copy, according to the processor server's report, was not given to the defendant. In the absence of a process server report on the issue of whether the plaintiff's copy was attached to the summons address, when supplying a copy of the plaintiff's own copy, this is not sufficient to speculate. Will be. If the person who ever purchased the service within a ten-day period was not delivered, therefore, the date of service will not be calculated so the claimant will be unable to know the nature of the case if the copy of the claimant Was not granted and for this reason, Article 159 of the Limitation Act 1908 should not be applied, the High Court had granted the trial court's revision order keeping it aside,
Related judgments — Lahore High Court Lahore, 2012
