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GHULAM MOHYUDDIN versus KHUSHI MUHAMMAD


Civil Procedure Code Order XVII XVII O XVII, R 3 and O 1, R 10 Constitution of Pakistan (1973), Article 185 (3) The dismissal of the case for non-production of evidence failed to present evidence on the specific date of the plaintiff. Although the case was postponed for six times to enable the plaintiff to present evidence, instead of presenting the evidence, two petitions were filed for adjournment, one such petition, one for amending the plaintiff and the other involving the parties. The charges were filed with malicious intent and the plaintiff himself was not present in the court at this crucial date. The court had no option to stand trial They will be closed and exclude the evidence of the plaintiff's claim. The judgments / orders of the courts did not suffer from any weakness; for no good reason the intervention of the results was justified. Six of the three courts below were left to appeal

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