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HADI BAKHSH versus ADDITIONAL DISTRICT JUDGE


Civil Procedure Code Order XVII XVII A XVII, R 3 Constitution of Pakistan (1973), Article 199 Constitutional application O XVII, R 3 The right to produce evidence of defendants closed by the court, twice the accuracy of the CPC The defendants presented evidence. But it could not be recorded because of the plaintiff's lack of counsel for the defendants, after which, their evidence could not be presented in three consecutive dates, thereby shutting down their right to present evidence. As a result, the case was adjourned without any objection by the defendants. In such a background, the evidence cannot be considered by the defendants as a compromise on their part. The defendants took two years to present their evidence. The policy of the courts should be that the matter should be decided on merit rather than technical knock. Strictly the interest of justice will demand that the matter be decided on the order of closure of the evidence. The evidence was set aside, the trial was heard in the trial court, which directed the decision to come within that period. Done

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