Pakistan Case Law
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2024 SCP 202
[Supreme Court of Pakistan]

Qasim Khan Soori Versus Mir Lashkari Raisani and others

Civil Appeal No.1595 of 2019 and Civil Misc. Application No.8650 of 2019, decided on 7th June, 2024.
Result: Order Accordingly.
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Summary

This matter concerns the procedural issue of effecting service of notice upon the appellant, Mr. Qasim Khan Soori, in an appeal before the Supreme Court of Pakistan. The core legal question addressed by the Court is how to proceed when a party deliberately avoids the service of court processes. The Court observed that despite repeated attempts, the appellant could not be served, with reports indicating that his brother had refused to accept notice on his behalf. Finding the appellant's conduct in avoiding service—particularly given his former status as a parliamentarian and Deputy Speaker of the National Assembly—to be unfortunate, the Court exercised its discretion to ensure the effective administration of justice. The Court held that substituted service was necessary to compel the appellant's appearance. Consequently, it ordered that the appellant be served through publication in designated Urdu and English newspapers, alongside service via registered post and the affixing of notice at his last known address, mandating his personal attendance at the next scheduled hearing.

Questions settled in this judgment
  • How should a court proceed when a party deliberately avoids the service of notice?
  • Can a court order substituted service through newspaper publication when personal service is evaded?
substituted serviceservice of noticecourt processappellant's attendanceprocedural law

ORDER

We had earlier directed the personal attendance of the appellant, Mr. Qasim Khan Soori, and repeated attempts have been made to effect service upon him. The process server's report states that the appellant's brother, Mr. Bilal Soori, refused to receive notice on his behalf. It has become quite clear that the appellant is avoiding service of notice which conduct, by a former parliamentarian and Deputy Speaker of the National Assembly, is unfortunate.

2.Therefore, since the appellant is avoiding service he be served through publication in Urdu newspaper Jang published from Quetta and English newspaper DAWN. Notice be also sent to him by registered post and it should also be sent through process server and pasted on the outer door of his last known address. The notices should state that the appellant is required to personally attend the Court on the next date of hearing, which is Tuesday, 9 July 2024.

Judges on this bench

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