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SARDAR BAKHSH versus BIBI


Article Constitution 76 Constitution of Pakistan (3 19733), Article (185 Secondary ()) Document, Proof of Secondary Evidence, Without Permitting Respondents to Include Secondary Evidence in Proof of Arbitration Agreement, Trial Court Rules Court Award ? In the first round of litigation between the parties, the High Court observed that some positive evidence should have been headed by the respondents regarding the termination of the arbitration agreement, which led to the dismissal of the petition. This was justified by the High Court from permitting the guidance of secondary evidence, which was prevented by the plaintiff from complying with the trial court's first decision of the High Court, the High Court directed that the defendant's request be stayed Understand the delay and record the parties' evidence on it. The High Court directed the trial court to decide the matters formed on the basis of the existing evidence in the case, which proved to be a loss of original arbitration agreement, not required by the High Court to deal with other petitions through petitions. The trial court's failure to comply with the trial court's remand order by the court is not questionable. The matter involved a law of public importance to demand any interference in the decision passed to appeal the High Court's leave.

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