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MUHAMMAD BASHIR versus MUHAMMAD SAMI


Section 42 Civil Procedure Code (V8 1908), O XVII, R 3 & O XLI, R 14 Qunun e Shahadat (10 of 1984), Article 59 suit was dismissed for non-production of evidence Appeal against dismissal was allowed That he was never served nor has he given any advice for his representation in the Court of Appeal. The question was whether the appellate court committed material misconduct by permitting the court to verify the defendant's signatures in the appellate court, on numerous documents and affidavits. The file, the prime fee, supported defendant's argument that his signature on the Power of Attorney was falsified by the Advocate's statement that the power of attorney had been hinted at by the defendant's son and that defendant himself had defended Ali's appeal statement was no longer relied upon. Therefore, the rehabilitation stands The defendant is entitled to upset the alleged conduct of the lawyer before the Court of Appeal.

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