PLD 2023 Lahore 412
Undeniably, neither the process server was produced as a witness in the instant case to establish personal service of summons under Section 8 of the Family Courts Act, 1964 upon the petitioner in accordance with law nor any reference to his report to the said effect has been made in the impugned order as well as the judgment and decree sought to be reviewed. Furthermore, in the absence of any acknowledgment due available on record, service of the notice has been presumed by the Court below merely on the basis of postal receipt available on record. Without establishing on record that the petitioner could not be served personally, reliance on publication of the notice could not be considered safe to presume service of the petitioner, particularly when respondent No.2 himself alleged in his petition for custody that she was an illiterate villager.
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