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MANZOOR HUSSAIN versus MST. ZAMURRAD BEGUM AND 8 OTHERS


Articles 6 and 13 pre-arrest the Civil Procedure Code (v. 1908), after the Trial Court dismissed the case, the plaintiff filed the first appeal, which was filed for hearing and issued notice to the opposing party. On the due date for the appeal hearing, the defendant's lawyer was present with the appellate court, but no one was present. The appellate court adjourned the case for the arguments which gave him the last and last chance of hearing. No one was present on the date, the appellate court proceeded to decide the appeal on the merit and the appellate court of the same authenticity dismissed the appeal. Could have been there when no one was present for the prosecution of the parties, but they had no legal authority to decide the first appeal on the merit without hearing the parties.

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