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ZULFIQAR AHMED BUTT versus ASAD DAR


Certifying the receipt of the Interim Order of A. XXXIX, Rr 1 & 2, O XLIII, R 3 and Section 115, the trial court refused to grant the plaintiff an interim injunction, Appeal against trial order dismissed. The appellate court, since the receipt was not attached to the appeal due to the approval of a registered post, before the appeal was presented, the respondents or their counsel's memorandum under O XLIII, R 3 CPC Notice of notice was taken with a copy / appeal basis and a copy of the order. The plaintiff was required, for confirmation, postal or other receipt, to accompany the appeal memorandum to the record of the appellate court. Compliance with such requirement is not subject to penal consequences and is not issued without a compulsory notice. Can't accept the appeal either. A. XLIII R 3 Following the dismissal of the appeal under CPC OITL XIII, the petitioner did not prevent the plaintiff from seeking relief. , R 3, CPC, Plaintiff may file new appeal after complying with mandatory conditions and fresh appeal had no restriction on why the High Court refused to interfere with an order passed by the Lower Appellate Court in exercising the amended jurisdiction. That there was no illegality or weakness in the decree. Revision rejected in circumstances

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