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TARIQ FURNITURES versus NATIONAL BANK OF PAKISTAN


CPC Appearance and Absence of Civil Procedure Code Order IX Consequences of O IX, R 7 Constitution of Pakistan (1973), Article 199 Constitutional Petition Keeping Ex-Part Order Petitioner Separated; Failure was granted against him that the applicant could not participate in the proceedings of the hearing postponed due to a misunderstanding because he had incorrectly included the wrong date of hearing in his diary. Issues relating to the merits of the matter must be decided and knocked down artistically. In the interest of justice, it was demanded that the petitioner be given an opportunity of hearing so that he could present his case. The High Court, while accepting the constitutional plea, set aside the earlier cross-order passed against the applicant and set aside the hearing. After the parties, remand for re-decision of the case should be obtained.

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