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MUHAMMAD YOUNAS versus AUQAF DEPARTMENT


Appeal from CLC CCC Code Order XLI Original Decisions O XLI, Rr 18 and 19 AJA and Kashmir Interim Constitution Act (VIII of 1974), Appeals for non-submission of sections 42 and 44 proceeding fees were dismissed One of the respondents was killed before the High Court, in order to bring its legal representatives during the appeals hearing, the High Court had accepted the order to collect the process fee within the agreed period, the appellant stated. Order appeals dismissed under RCL, R18, CPC High Court. Regarding filing appeals for re-entry of appeals, even though the appellants failed to show cause for court compliance orders in connection with the submission of process fees, the re-appeals observed that the law The policy is that the suit and appeals should be decided. Appeals of virtue validation rather than technical grounds can be re-filed for regular hearing under the OLLI, R 19, CPC, if only for good reason. en Displayed for failure to comply with orders if a rule was banned under the law: or an order passed under the court's natural powers, disregarding the rules, the procedure prescribed under the law Could not be done so the High Court was not able to resort to it. Inherent powers, observing that the policy of the law is to decide on the issue of competence rather than technical grounds. The contention is that the appeals cannot be excluded due to failure to submit the expense because the date on which the orders for the removal of the appeals were approved.

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