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MUHAMMAD NAWAZ versus BARKAT ALI


O XVII, R 3 and O XIX, R 3 Qunun e Shahadat (10 of 1984), Article, 129 (e) Despite several opportunities to set aside the decision on oath, the defendant has to file his evidence. Failure to exercise the powers under OP XVII, R 3, CPC, the CPC ceased its right to present the defendant's evidence and the decision of the case was entered in its personal affidavit in favor of the plaintiff. In which it refused to grant the opportunity through a trial court appeal. The court accepted the affidavit, allowed the appeal, and sent the case to the trial court for recording of the evidence, and the decision by the plaintiff again was that the action could not be kept on the basis of the affidavit. As such, when there was no court, cross-examination, the dismissal of the lawyer was inadmissible and could not be relied upon by the appellate court to uphold the final proceedings of the trial cases. Because the court failed to present the rest of its evidence in the case, despite the defendant's approval of several pending petitions, the trial court properly used its discretion under OXVII, R3, CPC. So that it would block the plaintiff's right to present further evidence. It had also proven its case through credible and credible evidence that the Tile Court had reasonably considered and appreciated to pass the decision in favor of the court-approved plaintiff's decision and the trial court's case. Was restored.

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