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TARIQ JAMIL BANGASH versus ATTAULLAH KHAN KHATTAK


O XXXVII, Rr 2, 4, O XLIII, Sections 104 and 151, keeping aside the change in the rule of procedure, the trial court granted leave to defend this case on the condition of presenting the bonds of compensation, The defendants applied for permission to send bonds to their home court. The district to confirm the bonds, as they were received by the bailiffs, was scheduled for a hearing on the plea, when the defendants had made a default in their hearing and against the defendants. If the decision of the case was pronounced, the defendants could not be the default treatment on the date set for the hearing on the various pleadings. A XXXVII, R 2, by default in the sense of CPC, Section 104 or O XLIII, CP It was not appealed under the provisions contained in C that the dismissal of the preferred application under O XXXVII, R 4, CPC High Court. The jurisdiction, under section 151 CPC, turned the appeal into a review, remanding the case in the trial court, setting aside the order and decision. n Permission was granted accordingly

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