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GHULAM RAHIM versus NAUROZ


Respondents failed to adopt new procedures in amending Sections 7 and 11 Civil Procedure Code (v. 1908), 5 115 of the Provincially Administered Tribal Areas (Niyaz System and Sharia) Regulations 1994 Filed under. In 1957) (the procedure) was changed and applied to the Provincially Administered Tribal Areas (Nafaz e-Nizam Shariah) Rule, 1994 when the trial court proceeded during the trial. The new procedure was not followed and under the law of the deferred, the lower appellate court obtained an appeal and remand for the allowed trial. The valid trial court to adopt a new procedure for further proceedings in this case. Was bound or sought by the parties with regard to the evidence and proceedings already pending under the suspended law. Did not comply, the manner and procedure of the trial was affected. The lower appellate court's order was in accordance with Spirali. According to the T / Northwest Frontier Province Regulation Convention (II of 1994) and the new law, the right to re-send the trial to the trial court was declared unreasonable and the lower appellate court's order was in the circumstances Was retained.

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