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MUHAMMAD RIAZ versus SYED IBRAR SHAH


A. XXXVII, R2 and 3 Litigation Act (IX of 1908), Section 500 Notice of Appeal for the receipt of money on the basis of a Pro-Note for the submission and defense request, the defendant's condolences, dated 16 2 2004 Submitted by the summons, the next date appeared before the court on the eve of the hearing which, according to the summons, took place on 26 2 2004, the members of the bar were on strike for the said date, leave for hearing and defense in this case. An application for his condolences was also filed on 2-2002. Delay of two days in filing said that under section 5 of the Limitation Act, 1908, the petitioner was not delivered with the summons at the time of service, even on the date fixed by the court. Alias was not in a position to retain services. As a lawyer while the bar's members were on strike, Defendant immediately sought legal advice, only applied for leave for a two-day defense, after which the court order also indicated The defendant was not alerted. y The court, on the date that it appeared before the court that it was the last date, had to file a petition to appear for leave and defend the case, after some time by the defendant on the processor server. Get rid of Due to the absence of the trial court lawyers due to the strike, the delay could have been waived by the defendant also due to interim payment, the payment subject to payment of expenses was subject to payment of Rs. 3000. Application for the defense suit will be considered pending and the decision will be made in accordance with the law and in accordance with its own merits.

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