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HABIB BANK LIMITED versus HAZRAT HUSSAIN


Sections 9, 10 and 22 Civil Procedure Code (v. 1908), O XVII, R 3 The defendant was dismissed for defending the suit to recover the debt and the plaintiff's bank was instructed to file a response, But the plaintiff failed to comply with the court order directed by the plaintiff bank to comply with the order of the court, the trial under trial O XVII, R 3, CPC and the plaintiff's bank The lawsuit filed by, was dismissed, the CPC allowed and was not required and the court decided to dismiss the suit on the merits in light of the material on rewards. The decision was to be made under VII, R 3, the CPC should decide on the merit after considering the complete contents on the record. Listening to the arguments of the parties was the result of a decisive decision that not only diminished its contents but was also bad in law, the law was in favor of a decision not only on qualifications but on competence. His decision was based on merits, accepting the appeal, judgment and order was set aside and the cases were sent to the trial court for further judgment on merit.

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