MUZAMIL AKHT AR SHABIR, J.---Through this constitutional petition, the petitioner has called in question judgment and decree dated 01.07.2017 passed by learned appellate court, whereby appeal filed by respondents Nos. 3 and 4 was accepted as a consequence of proceedings against the petition er initiated after the petitioner is stated to have been served only through mode of publication in the newspaper vide order dated 14.06.2017.
2. The previous order dated 02.06.2017 passed by appellate court shows that while admitting case, notices were issued to the petitioner through ordinar y mode, registered envelope A.D. and publication in daily "Insaf' for 14.06.2017. The report shows that notice s had remained unserved and were affixed at the spot and the petitioner had been served through publication in daily "Insaf ". However , it does not appear that any effort was made by the court to serve the petitioner through ordinary mode, therefore, I am not inclined to agree that proper service of notices had taken place and consequently also do not agree with the impugned judgment for the reason that neither the petitioner was shown to be served and proceeded against ex-parte nor the impugned judgment and decree dated 01.07.2017 appears to be an ex-parte judgment.
3. Although the learned counsel for respondents Nos. 3 and 4 has defended the impugned judgment and decree, however , I am not inclined to agree with his arguments as from the record it appears that service of the petitioner was not properly ef fected before passing the impugned judgment.
4. In view of the above, without commenting upon the merits of the case, the impugned judgment and decree ) dated 01.07.2017 is set-aside and the matter is remanded to the appellate court where the appe al filed by respondent Nos. 3 and 4 shall be deem ed to be pending with a direction to decide the same afresh preferably within three months after providing oppor tunity of hearing to both the parties. Both the parties shall appear before the District and Sessions Judge, Sahiwal on 28.10.2019 who shall assign the matter to the court of competent jurisdiction for its decision afresh.