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NATLONAL BANK OF PAKISTAN, BRANCH MIRPUR versus MIAN MUHAMMAD SUGAR MILLS, BHIMBER, AZAD KASHMIR


Sections 9 and 12 Civil Procedure Code (v. 1908), O III, R 4 A suit for recovery of the debt amount by a defendant's attorney without a prior notice for the withdrawal of power of attorney by the defendant Not to be presented after submission and declaration of his service pursuant to OI III, R 4, Withholding of litigation from the prosecutor, CPC is not a unilateral process according to a lawyer. Was not to appear before the defendant through any notice. In the absence of compliance with the provision of O III, R 4, the next date will be deliberately defaulted; the CPC proceeded to quorum the non-jurisdiction of the defendant on his lawyer's conduct and the court substituted. Was imposed on the basis of service and prior partial decree. Such a service is a breach in the eyes of the law, the former injunction was set aside

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