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QAMARUDDIN versus MUHAMMAD SADIQ


Civil Procedure Code Order Approving Failure To Provide Notices Under CPC Temporary Injections And Interlocutory Orders AXLI, R3 And OXI X, RRL, 2 Interim Order, CXC XNXNX, RC3, CPC Petition preferred to appeal against the order by the trial court, but because of failure to give notice before filing appeal, the lower appellate court rejected the appeal. Where the lawyer for the plaintiff appeared in the lower appellate court before considering the qualifications by the court and requesting the mind, the provisions under O XLIII, R 3 However, in the present case the CPC appeal, the merit was not decided and the technical non-compliance of the provisions contained in O XLIII, R 3, was rejected by the CPC order. It was granted that the lower appellate court had caused a miscarriage of justice, as well as the illegal order was rejected and the lower appellate court remanded for the merits of this case.

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