KHURSHID BEGUM versus MAJEED AHMAD KHAN
CPC appeals from original decree of CLC Code XML O XLI, R 19 & Section 115 Appeal against costs Failure to set period for payment of costs Appellate Court restores petitioner's appeal against costs But the appellant court failed to pay the costs. The applicant's argument was that the appellate court had not set a date for filing costs and was ready to submit costs where no payment period was set. The Appellate Court was ready and willing to pay the costs of the appeal and the applicant was willing to pay the costs, the order dismissed by the appellate court was not a permanent High Court, in exercise of the jurisdiction under 5 115, The CPC set aside the order passed. Modification of circumstances was allowed by the appellate court
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