NATIONAL BANK OF PAKISTAN versus BAWANY INDUSTRIES LTD.
The CPC appearance and non-submission of the Civil Procedure Code Order IX resulted in the adoption of the O-IX, R 13 ex parte decree, against the respondents, keeping the ex parte decree obtained by another person. The lawsuit was filed by the appellant as collateral of the loan amount. Appellant and who could not serve through the ordinary service despite many attempts and could be offered through alternative service and by publication of notices in the name of unknown address and court notice board and in press ex parte order. The order was approved by the publication of the notice and against the respondents, no submission but when the notice of execution of the order was taken, it filed an application for separation of the ex parte order / decree which Because the trial court allowed the applicants because the defendant had departed abroad And the fact was in the knowledge of the appellant that the defendant's report states that it came to the knowledge of the appellant that the defendant was out of Pakistan, so there was nothing to conclude that again against. Before filing a lawsuit before moving abroad, he was aware that the defendant was detained, so it cannot be said that he was on his way out to avoid circumstances. No attempt was made to locate the defendant overseas for the trial, the former fact sheet of the facts of the case and the order against the defendant S was
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