Under Sections 12 (2), 96 and A. XXXVII, R 4, the former decree, while putting the affidavit in evidence, proceeded against the defendant against the former party and the plaintiff gave the affidavit. The trial was ordered on the basis of previous party evidence. A special order was passed by the trial court that the earlier evidence should be given by affidavit; in the absence of any specific order by the trial plaintiff, the plaintiff's affidavit had no clear value, so that The witnesses should have come to the witnesses' room for support. The case was heard but it did not conduct a judicial examination itself and the order passed by the trial court was set aside and the application was read with section 12 (2) under A. XXXVII, R 4, CPC. Was, the CPC was remanded to the trial court for judgment, the appeal was allowed accordingly.
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