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KHUSHAB GUL versus NAWAB KHAN


Notice service from O 1, r 8 public ad drum beat, notice service through public advertisement and O 1 covers r 8

1981 C L C 404

[Lahore]

Before Muhammad Ilyas, J

KHUSHAB GUL AND ANOTHER‑Petitioners

versus

NAWAB KHAN AND ANOTHER‑Respondents

Civil Revision No. 1954/1) of 1980, decided on 29th November, 1980.

Civil Procedure Code (V of 1908)‑

‑‑‑ O. 1, r. 8‑Public advertisement-Service of notice by beat of drum Held, a service of notice through public advertisement and falls within purview of O. 1, r. 8.

If the Legislatures wanted to convey that by public advertisement they meant proclamation in the newspaper only they would have used the words "proclamation in a newspaper" instead of the words "public advertisement". They employed the words "public advertisement" with a view to allowing service through all possible means of publicity including proclamation in a newspaper

Held, that the service of notice by beat of drum was also service of notice through public advertisement and thus the provisions of rule 8 of Order I were duly observed by the trial Courts.

Muhammad Tufail Dhami for Petitioner.

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