NASIMA BIBI versus MUHAMMAD FARID
Volume 9 Act 1873 Section 9 Civil Procedure Code (v. 1908), Section 96 affidavit was decided arbitrarily and irregularly, the trial court failed to record the statements of the trial proceedings as well. The judgment and decree recorded by the trial court under the Oaths Act, 1873 was not in accordance with the legal requirements, therefore, competent proceedings in civil affairs should not be in writing and should be kept on record. The appellate courts are available to see and decide whether the action was performed or not, as per the material available on the record, the orders passed by the trial court and the matter for legal proceedings. The remand was obtained.
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