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FALAK SHER versus ALI AHMAD NOOR


Civil Procedure Code Order XVII O XVII of the CPC Habits, R 3, was on leave of the trial court to attack the defense of non-production of evidence, and the ministerial staff of the court gave the defendant a last chance for evidence. Failed to deliver and numerous opportunities were provided to the plaintiffs to terminate their defense evidence and the trial was not decided soon after the trial of O. XVII. Not done unless the default is committed by either party. For the time given where the parties' defenses were overturned, the trial court can always pass judgment and judgment by the lower court, based on the material available on the record, and face legal weakness. have to do it. Was not approved by the provisions of CPC XOII, R3 and was set aside in the circumstances.

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