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MERAJ DIN versus SAFDAR KHAN


Section 6 Civil Code of Conduct (v. 1908), Sections 151 and O IX, Section 6 and 7 Constitution of Pakistan (1973), Article 199 Constitution Petition Suit, Failure to Insert a Premature Written Statement, Pre-Order, Issued Summons On the one hand, the defendants did not receive a trial court because they had gone abroad before issuing or filing a summons. The summons was sought by the defendant's father and presented by the defendants. Upon arrival, he was given three opportunities to file written statements. Defendants stated that the lawyer failed to file a written statement, defendant's defense was dismissed and the trial court passed the ex parte order against him, the trial court under CPC sought to revoke the ex parte order. The petition filed under 1515 was dismissed, but the same was accepted in review The processor server's accuracy report revealed that defendants had left the country before issuing a summons or filing a lawsuit. Defendants' service against them was not in effect according to the law. The court erred in dismissing the application for settlement, while the reviewing court, after applying its free mind and appropriately defining the evidence, granted the decree whenever defendants were absent. Until indefinitely, it will be said that they will not be found at the residence during this time the power of attorney or written statement was not filed by the lawyer in the title of the case, which was obtained by the lawyer without any authorization Attended On behalf of the defendants

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