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RIAZ AHMED versus FEDERATION OF PAKISTAN


Failure to present the applicable terms of section 115 and O XVII, Rr 2, 3 proof, OXVII, R 3, CPC, the absence of the plaintiff on the postponement date, the plaintiff filed a petition seeking the testimony, The petition was dismissed by the trial court and the case was adjourned for recording of the evidence. The plaintiff was absent in the date of adjournment, the trial court dismissed the case under OXVII, R3, CPC, on the absence of evidence, Appeal against such order was also dismissed by the appellate court; upon seeking the penalties of the OXVII, R 3, CPC, the condition was that the party's request to act the case Should have been postponed, the case was not postponed on the request or request of the plaintiff but was postponed as usual after the verdict. There is no jurisdiction to summon the plaintiff's evidence and decide the case under OXVII, R3, CPC, at the date of hearing of the petition to summon the witness court regarding the witnesses. As a plaintiff, the matter will be read with the relevant provisions of O IX, R 13, CPC under O XVII, R 2, CPC, not under the decisions of XVII, R 3 CPC and approved by both courts. The orders made were set aside and it is believed that the trial is pending before the trial court for judgment after the entry of evidence.

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