ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.155 of 2019

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.1044/2019 (Exemption).

2. For hearing of main case.

3. For order on CMA No.1045/2019 (Stay).

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20^th September 2021

Mr. Asif Rauf Tanoli, Advocate for Appellant.

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Through instant High Court Appeal, appellant has impugned the order dated 01.03.2019 passed by the learned Single Judge, on the original side, of this Court in Suit No.509 of 2018, whereby, the application of appellant seeking recalling of order dated 06.02.2019, whereby, the suit was directed to be proceeded exparte against the appellant, has been dismissed.

Learned counsel for the appellant submits that the appellant was never served either through bailiff or through pasting, therefore, the order of getting the appellant served through publication was not justified. It has been further contended by the learned counsel that as per report of Additional Registrar, notices were reportedly served on a female member, whereas, service through pasting does not disclose as to whether pasting was made in the presence of two independent witnesses, however, inspite of such defects, service upon the appellant through alternate mode of publication has been held good. According to the learned counsel for appellant, the appellant has, prima facie, a good case, therefore, it will be in the interest of justice that the appellant may be allowed to file written-statement, whereafter, the suit may be decided in accordance with law after recording evidence.

Let pre-admission notice be issued to the respondent, to be served through first three modes, for a date to be fixed after four weeks, when objections, if any, shall filed with advance copy to the learned counsel for appellant.

J U D G E

*Farhan/PS*