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BABAR HUSSAIN SHAH versus MUJEEB AHMED KHAN


Article 168 Civil Procedure Code (V8 1908), O XLI, R 19 Determination of Exclusion of Exclusion for Illegal Prosecution Effective Appeal filed by Respondent Respondent of appeal in various High Courts (Respondent) (Lahore) ) Transfer from the High Court (Islamabad) to the High Court without giving any notice to the Respondent or his lawyer (Islamabad) No such notice of counsel is issued after registering in the High Court and issuing notice to his lawyer. Was dismissed and the appeal for illegal proceedings was dismissed due to the presence of the defendant and his lawyer's appeal for restitution and delayed condolences The applicants (Islamabad) were not allowed by the High Court in an unlawful decision. The court directed the office to re-enter the list of cases after issuing a notice to the defendant and his lawyer, but the office had notified Resolved issue without releasing. es Where, during the hearing of a case, a date was given in the presence of a lawyer, then notice of his absence can be taken and the case can be dismissed for non-prosecution but where the date was not given in his presence. And since his name did not appear in the list of reasons, the order of dismissal for illegal prosecution will not be considered legal, though the name of the lawyer who filed his lawyer's petition in the High Court of Lahore (Lahore). Yes, the cause appeared in the list but it did not result because the agreement was given (Lahore) to appear before the High Court. Old, and (Islamabad) was required to issue a notice to the defendant before the trial court to exclude non-prosecution order. (This

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