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SASSI ASSOCIATES (PVT.) LTD. versus TRUSTEES OF THE PORT OF KARACHI


Rules of Civil Code 1908 Sections 104, 151, OV, R20, O IX, R9 & O XLII, RI Sindh Civil Courts Rules, 8 109 Specific Relief Act (1 of 1877), Sections 12 and 54 Specific Performance of Suit Contract The affidavit filed in the High Court for cancellation of the Permanent Decree for and for illegal prosecution was affixed to the relevant Civil Court in which the parties were ordered to issue the notice to the defendants / defendants. And they cannot be served in the courts. Ordered that Bailiff be affixed to the plaintiff's service, he stated that he had taken notice at the address given by the plaintiff's lawyer's office, but that it was closed and the neighboring council found that the office was long Closed, he affixed the notice, but since no witnesses were available, Balfe could not confirm that the plaintiff's services were favorable by the court and, after the hearing was adjourned, dismissed the case for prosecution. went. Absence under OFF, R9, CPC was not disclosed in the valid record that the claimants were refusing service or seeking to resort to R20 OV, bail was not confirmed in the CPC The provisions of section 8109 of the Sindh Civil Courts Rules were found to enable the court to retain the service of the plaintiff. The order to serve the plaintiff through the clergy was passed without complying with the provisions of OV, R20, CPC, and the confirmation of bail also did not mention that the service of the plaintiffs was in accordance with the rules of the Sindh civil courts. 109 was made on the grounds that such a service-based application was not appropriate on the basis of approving the dismissal order and the plaintiff's request for terminated services

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