In a declaratory suit instituted by respondent, although petitioners/defendants were put under notice, yet personal service could not be effected and after publication of citation in newspaper finally they were proceeded against ex- parte on 19.03.2016 followed by decree of similar character dated 23.01.2017, who then preferred application for its setting aside on 20.01.2018, but summarily dismissed via impugned order dated 19.03.2019, thus this petition.
2. Today , Malik Zafar Mehboob Langrial, Advocate learned counsel for petitioners vehemently , argued that law favours adjudication of cases on merit; that no personal service was effected upon petitioners/defendants, but in haste even .without recording statement of Process Server , process of service through substituted mode was followed, which was not warranted and that copy of said citation was even not dispatched to petitioners. In such situation, application entailing factual controversy could only be decided. after settlement of issues and requiring parties to lead their evidence, but petitioners were knocked out merely through mechanical order mainly on the strength ' that wrong provision of law was quoted over application for setting aside of ex-parte proceedings and decree.
3. In response, learned counsel for respondent/plaintif f despite going through entire record found himself in difficulty to wriggle out queries raised by his counter part, thus while keeping in mind Article 10-A of the Consti ition of Islamic Republic of Pakistan, 1973, which guarantees right of fair trial as well as due process to every litigant, hence this petition is allowed subject to cost of Rs. 10,000/- payable by the petitioners to respondent, order impugned herein is set aside and learned Trial Court will re-decide application made for setting aside of ex-parte proceedings and decree without being influenced that under what provision of law same was tabled or require them to amend the same. The parties are directed to appear there on 13.12.2021 for further proceedings.