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SUI NORTHERN GAS PIPELINES LIMITED versus NAZIR & COMPANY


Civil Procedure Code Order XLIII of CPC Appeals from RCOLCI, RRL (V) and 3 (1) [as amended by the Civil Law Reforms Act (XIV of 1994)] O XLIII, R. 3, the refusal to receive the notice issued under the trial court in favor of the defendant was entered in the appeal under CPCO XLIII, R1 (V) of the petitioner. The lower appellate court dismissed the appeal on the basis of compliance with the requirements of OXLIII, R 3, CPC. Where the notice of appeal was sent, as well as the basis of the memorandum and appeal in which the appeal was filed against the decree, but the defendant refused to receive such notice, the petitioner filed the Lower Appellate Court. By failing to comply with the option, the AXLIII, R 3, CPC was sufficiently compliant. Under this law, the case was remanded to the lower appellate court to settle the case on merit.

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