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KHURSHID ALAM AND ANOTHER versus AL-KHAIR GADOON LIMITED


A. XXXVII, R 3 and Section 148 Appeal for leave for non-admission of affidavit Instead of filing an affidavit, the defendant affirmed his request for affidavit, the trial court related to the oath. The request verification confirmation was rejected. O XXXVII, R 3 (1) was not equivalent to the affidavit suggested under CPC but required substantially O XXXVII, with R 3 CPC respondent supporting the request by affidavit Was found in which the defendant failed to file the file. Annex B was not compliant with the affidavit or declaration form in relation to Form IV of the CPC but there was no prohibition or compulsion in the trial court using discretion under Section 148 CPC, the defendant's The received affidavit filed by me could not be accepted. The trial court was obliged to give the defendant an opportunity to remove the defect.

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