Supreme Court of Pakistan
Ghulam Mujtaba (Deceased) through LRs v. Ghulam Murtaza
Published on this website
C.P.L.A. No. 1748 of 2023 with C.A. No. 298 of 2023
Citation: Approved for reporting; reporter citation not stated in supplied judgment
Background
Background
In Ghulam Mujtaba v. Ghulam Murtaza, the Supreme Court set aside an ex parte decree after defective service and remanded the specific performance suit.
Legal questions
Legal questions
Could the trial court proceed ex parte after remand without ensuring due service when the defendants’ former lawyer expressly had no instructions?
Court holding
What the Court decided
No. Earlier representation did not establish due service when counsel lacked instructions. Substituted service required compliance with ordinary-service safeguards and the court’s satisfaction that ordinary service could not be effected or was deliberately avoided. The resulting ex parte proceedings could not stand.
Final outcome
Final outcome
CPLA converted into appeal and allowed; connected civil appeal allowed; consequential post-remand decisions set aside; suit remanded after due service and full hearing. Merits left open; parties directed to appear on 26 October 2026.
Practical effect
What the decision means in practice
A fresh trial after due service and full participation; no final determination of entitlement to specific performance or the disputed additional payment.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Key legal principles
Key legal principles
- Knowledge of proceedings is distinct from due service.
- Former counsel expressly lacking instructions cannot be treated as accepting service merely because of prior representation.
- Substituted service requires the prescribed ordinary-service procedure and judicial satisfaction concerning inability to serve or deliberate avoidance.
- An adjudication founded on defective service cannot deny the party a meaningful opportunity to contest.
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Related article
Related article
In Ghulam Mujtaba v. Ghulam Murtaza, the Supreme Court set aside an ex parte decree after defective service and remanded the specific performance suit.
Read the related article →