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JAHANGIR versus MUHAMMAD RASHID


Section 6 Civil Procedure Code (v. 1908), OX, Rr 8 and 9 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 (11) (12) of the Supreme Court upholding illegal prosecution Appeal for a suit on the basis of the right of purchase in advance of the denial case, rejected in the default court, the suit restored, according to its reasonable justification, but said the restitution order has been set aside by the High Court Whereas in its application, the legitimate right of the claimant is allowed. It was asked to restore the case that the three cases were filed before the trial court between the parties and that his lawyer had erroneously noted the date of hearing in his diary and that was why he was on the day of the hearing. Had failed to appear in court. The Counselor was human and could have made a mistake in the trial court, in the circumstances justifying the restoration of the case to its original number and the High Court should not have set aside the trial court's order in review. Appeal on High Court approves reversal of appeal hearing and trial court order

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