Civil Procedure Code Order XVIIA XVII of CPC Adjustments, R 3 provided many opportunities for appellant / defendants to close evidence, to attach evidence, but they failed to do so. The appellant / defendants had received a substantial part of the consideration. The trial court ruled that the case was delayed by an agreement and such an excuse or to withdraw more money from the other respondents / plaintiffs and the same was confirmed in the appeal filed by the appellant / defendants. The appellate court also did. The trial court on the basis of the evidence involved by the respondents / plaintiffs ruled that the case was unreasonable as the matter was pending and consequently the lower appellate court also dismissed the appeal and It was justified in upholding the judgment and order of the trial court.
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