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MESSRS NAFEES SHAUKAT versus HAJI NOOR MUHAMMAD


A. VIII, Articles 10 and 12 of the Constitution of Pakistan (1973), Article 185 (3) Absence of Defendants on the Due Date for Hearing on Defense Attack, VIII, RR 10 and 12 KCPC Not Applicable to Trial Court Due to the presence of the defendants, the trial court's order was dismissed and fixed by the appellate court, but the high court restored the order passed by the trial court in the amended jurisdiction. The defendant's position was that, like O VIII, R 12, CPC, the provisions of O VIII, R 10, CPC also created an obligation and it was not necessary for the court to attack the verdict or defense. And the matter is at the discretion of the court, should not be fined without criminal reasons.

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