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MUHAMMAD BASHIR versus IQBAL BEGUM


Proof of Civil CCC Code Order XVII on the basis of CPC Adjustment A XVII, R 3 independent Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 O XVII, R 3, 1st Appeal Court of CPC Deletion of non-production case. Accepting the appeal, the second appeal remanded the trial court high court, rejecting the first appellate court's order, claiming that its witnesses were present on two occasions but the defendant's absence. Their evidence could not be recorded because of this. However, the plaintiff was subsequently granted more opportunities on three occasions. The trial court had in its ruling stated that the last and the last opportunity was being provided to the plaintiff and the plaintiff would not be given any further postponement, despite such an order neither paid nor paid. It was submitted that the counsel for the plaintiff did not pray that the trial may be postponed until the conclusion of the trial court, O XVII, R 3, CPC [evidence].

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