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AHMED KHAN versus MUHAMMAD QASSIM


Civil Procedure Code Order IX CPC Appearance and Non-Pursuit Result O IX, R 13 Constitution of Pakistan (1973), Article 185 (3) Ex parte decree, trial for defense decision on merit Setting aside the trial. When the summons was issued, the plaintiff did not live at the address given and there was no evidence that the trial court was serious about influencing the plaintiff's personal services before the order for publication of the notice in the press was approved. Had taken steps. Set aside the preceding part decree for the exercise of jurisdiction under section 115, CPC and the case was upheld, the trial court was remanded for a new verdict on merit, the accuracy of the High Court correctly But the defendant was found to be ineligible and without it the former party decree was passed. Proper service, therefore, was defendant's denial that the order passed by the High Court was based on this principle of the Supreme Court and did not demand interference by the SU. There is no question of the importance of the people, as the petition has been considered under Article 185 (3) of the Constitution, the leave to appeal was denied.

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