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SHAHIDA PARVEEN versus SAMIULLAH MALIK


Section 3 was not established as a defense by defendant, therefore, no matter was settled and as a result, the parties did not present evidence at the point of limitation, Although the duty was restricted under section 3, the Limitation Act, 1908, to exclude this case, appeal, etc., if it was timely banned, even though the defendant did not raise any objection in this regard, At the time, if the question of limitation depended on the evidence and determination of the facts and the basis of the facts was neither requested nor proved by the defense, the court Was also not obliged to decide where the defendant not only set no basis in the written statement as an attack, but such deficiency was obvious. At the same time, the memorandum of appeal was also banned

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