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TALIB HUSSAIN versus KARAM ELAHI


The CPC appearance and non-appearance of the Civil Procedure Code Order IX OV, Rr 5, 18 and O IX, Rr 6, 13, separating the record, showed that the plaintiff had neither Registered letter was not submitted nor was summons issued. According to the defendant, OV, R5 of the CPC notice allegedly issued to the defendant was a general notice which appeared in court which had dismissed the plaintiff and identified the plaintiff, But this fact was not filmed in the processor server's report. Was not observed by any of the processor servers, nor was there any place to deliver the notice to the defendant, nor was the defendant mentioned to provide the copy of the plaintiff to the processor server, in which case, the CPC OV, R 18 provisions of the trial were ignored. Although the court was under a legal obligation to ensure that the defendants were legally served in accordance with the provisions of RI (1) (A) of the OIX, CPC, they were entitled to service. Failed to confirm. There was a misunderstanding of justice and the termination of services on the defendant was bad in law, which could not be followed by an illegal pre-order, which was bound to be set aside in the circumstances.

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