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FATEH TEXTILE MILLS LTD versus WEST PAKISTAN INDUSTRIAL DEVELOPMENT CORPORATION


Sections 151, O IX, R 8 and O XVII, R 3 were both absent at the expiration of the jurisdiction to recover the case for illegal prosecution, and it was the defining date for the arguments in which the plaintiff was excluded. Demands for the restoration of the case for illegal prosecution was not a proper order and no restriction was given for the recall of an order which was not guaranteed under the law. The Act of Court should not hold anyone accountable for giving the court the authority under Section 151, CPC to issue such orders which were necessary to fulfill the execution of justice. Or to prevent the court from misusing the process, the High Court restored the case to its original number and accordingly the petition was allowed.

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