NASIR-UD-DIN versus MUHAMMAD BASHIR
The appearance and absence of the parties to the Civil Procedure Code Order IX of the CPC resulted in OI, R 13 and Section 115 ex-parte decree revising jurisdiction, requesting that the former party decree be kept separate. The decree was filed fourteen years after the approval. Notwithstanding that the applicant was aware of this decree and appropriate service is applied against the defendant / decision maker, absence of any reason for delay in filing the application for fixing the previous order I, the court below rightly rejected the application. The courts below, based on oral and documentary evidence, cannot exercise their jurisdiction to modify the High Court.
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