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INAYAT MASIH versus MUNSHI MASIH


Civil Procedure Code Order XLI of the CPC Appeals from the original decrees X XI, Rr 17 and 19 appeals, hearing dismissed under default hearing. Meaning of Appeal The lower appellate court, adjourned by the Reader's Court, accepted the appeal for a regular hearing and notices were issued to the respondent presiding officer and at a later date, lawyers were absent and notices were issued in the name of readers, Replay Appellant failed. Appeal to appear on the date fixed by the reader and the appeal was dismissed as default was filed and the appeal was dismissed by the lower appellate court, fixed by the reader. The date cannot be interpreted as a hearing date. The presiding officer was absent, rejecting the appeal's appeal, the lower appellate court passed the order and the appeal was restored.

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