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GOHAR KHAN AND COMPANY versus ABDUL QADIR

CPC Procedure and Suite Adjustment OXIII, R 1 (2), OV II, R 11 and Civil Procedure Code Order XXIII of Section 115, permitting the plaintiff by the appellate court to proceed within the prescribed time limit File a fresh case from The appellate court concluded that the trial could not be proceeded because of a formal defect in the case, if OVI, R 11, were available in terms of CPC, it should have dismissed the plaintiff on any basis where Error does not occur The types listed in OVII, R11, CPC, Appellate Court may be justified in making the necessary amendments in accordance with the requirements of the plaintiff in the sense of O VII, R11, CPC Appeal Court. ? While keeping track of the legal issues recorded by the trial court, its own information was not recorded on such matters, under O XXIII, R 1 (2), the CPC was referred to the court. Auto-Moto cannot be used to allow source-claimants. ile Fresh Case Unless the plaintiff convinces the court that the case fails due to a formal defect or that there were sufficient reasons to allow the plaintiff to file a fresh case on such terms as it deemed necessary The plaintiff did not file a petition before the Court of Appeal. Filed with permission to file a fresh case; For discharge, therefore, the exercise of such powers by the court Soto Moto was never a valid decision and the appellate court upheld the decision on two contradictory grounds: Was not eligible for And that despite the merits, the judgment and the appellate court's ruling failed, therefore, mutually destructive famous supreme court advocate from Ziarat lawyer