MUHAMMAD AFZAL versus SMALL BUSINESS FINANCE CORPORATION
The appearance and absence of the parties to CPC's Civil Procedure Code Order IX resulted in the dismissal of the OI, R9 and Section 151 Limitation Act (IX of 1908), Article 163 case for illegal prosecution, with a 30-day privilege period. Appeals for the retrial of the lawsuit filed before the affidavit filing a personal statement saying they did not receive a notice of the hearing date, therefore, the contents of the lawyer's affidavit cannot be lightly denied, It is quite plausible that he never received notice of the date of the hearing, so this means that it should be set aside. Order to dismiss suit without notice to the parties, or on the date that was not the date of the hearing, the court will obtain the inherent authority under Section 151, CPC, although the application for the restoration of the suit, however, is beyond the prescribed period. Filed in terms of Article 163, Limitation Act, 1908, but such supply shall be applicable only if the case was valid o IX, properly dismissed under CPC where self-dismissal order Has suffered some degree of irregularity or weakness, may exercise its inherent power of restoring the case under Court 151, CPC and such There will be no application of Article 163, Limitation Act, 1908.
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