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GHULAM MUHAMMAD versus ABDUL GHAFFAR


A. XXXVII, Rr 2, 3, 4, O IX, R 13 & OV, R 20 Leave to defend suit, appeal and prior order for receipt of promise note, and based on prior order Keep approving the namebook. Publication of the notice in the newspaper was not generally required on the respondent's request for notice / summons to the defendant in Annexure B, Form 4, in the Appendix B, and no summary filing was filed against him. Nor was he required to file an application within 10 days so that the holiday would appear and be defended. Such a publication was made under the provisions of OV, R12, CPC, and could not be the basis for its publication under OSXIII, R, 2 (1). It can be said that the summons was published correctly or the defendant was legally presented, neither can the proceedings be taken against the defendant, nor can the previous order be published against him in the newspaper. Can be approved on a decision basis. High Court allows defendant to file leave for appeal and defense case, setting aside immovable order / decree

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