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GHULAM RASOOL versus JAVED AHMAD


O XLI, R 21 and Section 115 For the pre-judgment, prior decision, for reasons not to be taken, on leave on the due date of a public servant, before the lawyers strike to enter the counter affidavit Had to take over. Decision in favor of pre-emptors by trial court At pre-date for hearing of appeal before lower appellate court, pre-emptors and their lawyer failed to appear, resulting in appeal decision ORLP, R21C Done in favor of the applicants under the PC. On the basis that one of them was not a civil servant, his superiors could not arrange a leave of attendance in court and the other was ill, while his lawyer did not appear due to the strike / boycott. Was supported and there was no counter-affidavit. Wendy was sued by Appellate Court. The application was accepted and the ex-parte decree corrected by serving non-service or reasonable reasons that prevented them from appearing when the appeal was sought for hearing, pre-emptors, in their application, explained the reasons. , Which prevented him from appearing in the lower appellate court, and because of that, his lawyer did not advise him. Such reasons were justified by them, which was supported by a detailed affidavit of supporters, particularly in each of them, by the OLLI, R21 CPC. His lawyer was also included in the affidavit regarding the absence of the respondents but the respondents did not file a reply affidavit In the absence of any respondent's affidavit, the former emperors

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