ASAD WAHEED THROUGH SPECIAL ATTORNEY versus KHALID PERVAIZ
Section 12 Civil Procedure Code (V8 1908), OV, R 11, O IX, R 12 & O XII, Rr 1 & 2 to decide on a pending request before approving the specific performance judgment of the contract to sell I failed to appear personally in court but the plaintiff failed and the case was dismissed. The plaintiff's argument was that his lawyer could not inform him of his personal status because of the illness and then because of his lawyer's mother's death he further claimed that he had filed. Appeared under A. XI, RR 1 and 2 CPC but without ruling on this request, the trial court dismissed the trial, which the trial court did not disclose by decision and order and was not in accordance with law. Was. The superior courts should have decided the trial court's decision on the basis of the requirements and conditions set by the plaintiff's council of OI, R 12 and OV, R 4 CPC. Had filed an affidavit in support of his affidavit that he could not contact the plaintiff due to illness and then a trial on the death of his mother was not decided by the petitioner under O XII CPC and Thus, the trial court dismissed the case. The decision by the haste, the trial and the trial court was set aside and the case was remanded to the trial court, as well as an appeal for a new decision in accordance with the law.
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