ABDULLAH TANG versus SALEEM SABA
The appearance and non-appearance of the CPC of the Civil Procedure Code Order IX resulted in the O IX, R 13 Limitation Act (IX of 1908), the Constitution of Arts 164 and 181 of Pakistan (1973), Article 199 constitutional petition ex parte decree, Keep setting. Respondents at the hearing appeared in the trial court in response to the summons, and during the trial, absenteeism was prosecuted and the ex parte decree was finally passed. The opinion of the plaintiffs was allowed in view of Article 164 of the Limitation Act, 1908, where the petition was punctual where the defendant appeared in the trial court, fought the case and was absent thereafter. The range length was available. The application for cancellation of the previous order was three years under Article 181 of the Limitation Act, 1908 and not 30 days after the application of the preceding order filed after 2/2 months was, in the circumstances, not restricted.
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