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AJAIB HUSSAIN versus ZAREEN AKHTAR


Section 42 Appeals to Azad Jammu and Kashmir Supreme Court Rules, Twelfth, RR 1 3 (i) (ii) Civil Procedure Code (v. 1908), Sections 114, A XLI, R 1 (i) and O XLVII, R 1 In addition to not submitting a certified copy of the Constitution petition, the court was required to file a certified copy of the constitutional petition with the memorandum of appeal and should not file the same with the appeal memorandum. With the notice of appeal, there will be a violation of the Twelfth, Supreme Independent (Jammu and Kashmir Supreme Court Rules, 8 197 of) (of), extending the period for filing a certified copy of the constitutional petition by the appellant / applicant. The petitioner was excluded from complying with the mandatory requirement of OO XII, R3 of the Supreme Court Rules filed for the petitioner, because the appellant failed to show good cause as the appropriate court delayed apologizing or Has the power to delay and to comply with any requirements of the Rule for good reason or to meet the need for justice. Appellant / Applicant failed to show proper cause; Appellant / Applicant's request was rightly dismissed in the circumstances.

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