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PEHALWAN versus ALI AHMAD


A. VIII, R10 Amended Written Statement, The defense court failed to file the amended written statement on two dates, as the defense did not strike on two dates of the attackers, the trial court thwarted the defense and against them. The verdict was pronounced, in which the High Court upheld the order passed by the trial court. On the correctness of the jurisdiction of the appeal, the trial court acted with the disapproval of the factual position in instructing the defendants to file the amended written statement even if such a written statement was entered otherwise. Orders from both dates have not been clearly clear that filing a written statement is positive. In the facts and circumstances of the present case required by the trial court, the provisions of O VIII, R 10 CPC were not attracted to withhold defendants' defense through the decisions passed by the trial court and the High Court. The High Court adjourned the decision rendered by the Supreme Court, the appeal of the defendants was allowed and the appeal was allowed before the trial court on the re-writing of the case by the respondents.

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