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MRS. ASMAT BEGUM versus BADIUZZAMAN KHAN


AXVII, RR 2 and 3 read with Sections 96, 115, O IX, R 9 and O XLIII, R. The trial court dismissed the case for evidence, while the case for dismissing the plaintiff was postponed to 22 1999. Refusing to do so, the plaintiff filed an application to withdraw the order under O IX, R 9, CPC, which was dismissed on O XLIII, R 1 for not rejecting the plaintiff's appeal, The CPC was also dismissed on the ground that the case was dismissed on the basis of the invalidity of the evidence, the sole remedy of which was to file a regular appeal and not a miscellaneous appeal. The dispute was the trial court's order O XVII, R. 2, CPC S appeal against the controversial measure in the car was able to maintain. The parties were instructed to file their witnesses / documents within seven days from 22 to 1999, and no such motion was granted on the request of the plaintiff nor the trial court while dismissing the case. The qualities of the were touched. As there is no order under the scope of OXVII, R 3, CPC, but it is not an order under XVII, R 2, CPC so it was not a decree against which section 96, under CPC No need to file an appeal. O IX, R 13, the plaintiff's petition was qualified under CPC, which was unlawfully denied by the trial court. Both of the orders involved were illegal and resulted in severe miscarriage of justice, as the High Court revised jurisdiction's discriminatory injunctions were set aside and the case was adjourned according to the law. Sent to trial court for

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