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MAQSOOD AHMAD versus MST. TAHIRA PARVEEN


Civil Procedure Code Order IX As a result of the presence of the CPC parties and the non-submission of the proceedings, pending the resumption of the trial on the case of the plaintiff not appearing in the court IR, 8, 9 and Section 115 suits were pending. The trial court refused to reinstate the case while the appellate court restored the same in the exercise of jurisdiction of the appeal where the trial court had to consider some of the formal issues, not excluding the case for illegal prosecution in the same date. Whether the appellate court could rightly, for reasons, use the revision jurisdiction under the trial court even under section 115 of the High Court, the CPC could order restitution of the illegality of the case. Was made through a hearing and may order restitution of the case. The appellate court revised the circumstances, passing a restitution order

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