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

Pakistan | Code of Civil Procedure, 1908 | Order V Rules 16–20Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Article 185(3)

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

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.

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