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SYED AFZAL HUSSAIN versus MUHAMMAD AMIN


Appeal Court cited in List of Reasons for Identifying Date of Invalid Cause of Appearance and Absence of Parties to CPC Civil Procedure Code Order IX Allowed an appeal against the judgment and injunction. The applicant had failed to appear on the due date for hearing of the petitioner's petition that the cause list was being overwritten on the next summer date, so the order passed by the appellate court Was supposed to validate. The Cause List does not constitute proof of authenticity over and above the regular court record where the applicant failed to demonstrate unlawful exercise of jurisdiction or non-availability of jurisdiction or any material misconduct in an appellate court-approved order. , Cannot be interfered with. In the review jurisdiction under section 115, the CPC order passed by the appellate court did not constitute a defect and, on the contrary, it was made clear that the applicant had to be absent in this important manner. Was to be held responsible for, in the present case, the merits of the appeal were on a technical basis or there was no basis for seeking the provisions of section 115. , CPC revision was excluded in Limited

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