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MUHAMMAD MIRZA KHAN versus MUHAMMAD SHAFI KHAN


Sections 42 and 44 appeal against the Civil Procedure Code (v. 1908), order of the XLI, R18 High Court, under which the appeal was dismissed for non-compliance with the court order. Two proceedings died for filing an action fee and submitting a defendant's fresh address; during the proceeding and the appellant did not file a request for the enforcement of his legal legacy, the appellant's latest addresses of the respondents were listed. Given ample time to do so, the appellant was given sufficient time to do the required work for the filing of the process fees and the enforcement of the respondents' legal heritage, but despite more than two years, Under the LI, R18, the required appellate court failed, the CPC had the power to express its Given that where the fixed day, or any other day where the hearing could be postponed, it was found that the notice was not presented to the defendant, the failure to submit to the appellant was within the prescribed period, the notice which was submitted. Needed to cut costs, the court may order that the appeal be dismissed, several motions were granted for that purpose, and even at the final and final cost the opportunity was granted, but hi The court order was not complied with by the High Court affidavit; in the circumstances, the provisions of the rule were in accordance with these principles of justice which Appellant had failed to thwart any legal basis. Supreme Court intervention, appeal dismissed

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