ABSAR HUSSAIN versus SYED AHMED QADRI
In the application filed under O VII, R 11, the dismissal of the suit application for sections 42 and 54 civil procedure code (v. 1908), A XXIII, R 1 and O VII, R 11 suit of declaration, injunction etc. The CPC, however, prayed that since the case was dismissed under OXXIII, R1, CPC, the same was to be dismissed. The request was approved by the court, but it was not recorded anywhere. Whether the court was allowed to file a new case, the court knew of the litigant's request to file a fresh case, and just because it missed the court's order, it cannot be said Given that such permission was denied, in the circumstances it may mean that a fresh case was filed for permission to file.
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