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All Modes of Service, including Publication in Newspapers, had been Exhausted --- A Decree even Ex-Parte can only be set aside Under Rare and Exceptional Circumstances --- Supreme Court of Pakistan

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All Modes of Service, including Publication in Newspapers, had been Exhausted --- A Decree even Ex-Parte can only be set aside Under Rare and Exceptional Circumstances --- Supreme Court of Pakistan

Islamabad 03-12-2024: The Supreme Court of Pakistan, in a recent judgment, dismissed [Civil Petition No. 1970-L of 2024] filed by Muhammad Mansab against Muhammad Hanif. The appeal challenged an ex parte decree issued by the trial Court and upheld by the Lahore High Court.

The case revolved around a suit for recovery of Rs. 10,912,024/- filed under Order XXXVII, Rules 1 & 2 of the Code of Civil Procedure, 1908, based on cheques issued by the petitioner. The petitioner was proceeded against ex parte after failing to respond to Court summons and notices, culminating in a decree passed on June 9, 2022.

The Petitioner sought to have the ex parte decree set aside, claiming non-receipt of summons. However, the trial Court dismissed this application, noting that all modes of service, including publication in newspapers, had been exhausted. This decision was upheld by the Lahore High Court, prompting the petitioner to file the present appeal.

Mr. Justice Shahid Bilal Hassan, writing for the Court, emphasized the following principles:

The Court reiterated that under Rule 4 of Order XXXVII, CPC, a decree can only be set aside under rare and exceptional circumstances. Mere negligence or ordinary excuses, such as claims of non-receipt of summons, do not meet the threshold.

The petitioner bore the burden of proving “special circumstances” but failed to do so. The Court noted that the petitioner neither filed an application for leave to defend nor presented valid reasons for his absence.

The Court rejected the petitioner’s claim that he was abroad during the proceedings, as this argument was not raised in his initial application.

The Supreme Court of Pakistan found no merit in the petitioner’s case, emphasizing his failure to establish “special circumstances” or demonstrate procedural compliance. Consequently, the petition was dismissed, with the Court refusing leave to appeal.