COL. (RETD.) MANSOOR AKBAR versus FAZAL-E-RAB PIRZADA
Section 2 (11), OI, R 10 & O IX, R 13 Qunun e Shahadat (10 of 1984), Arts 123 and 124 Special Relief Act (I of 1877), Section 12 Constitution of Pakistan, Article 185 (3) Because of the specific performance of the sale agreement, the plaintiff failed to appear in court against the defendant in order to enforce the previous action against the defendant in his place by the legal representative of the applicant's officer under OI, R 10, CPC. He has been accused of missing because he was not denied. After such a request by the trial court, the claim of the missing defendant's wife and the claim of a permanent injunction, which he owns to the suit property to be transferred to Dover before the suit agreement. The appeal has been challenged by its legal representatives. The defendant did not deliberately refrain from proceedings, nor was his absence deliberately before the trial court, but he disappeared before the previous trial proceedings were passed. ? Approving the previous injunction against the defendant, his wife filed an FIR to find out for the statement filed by his wife after the case was pending in court. Then there will be no need for a formal court order regarding his probable death, or the required decision can be presented to the legal representatives by the trial court or the appellate court ordering the court to order that the plaintiff or his lawyer Had deliberately avoided prosecution or before the trial court. According to Article 124 of the evidence, the plaintiff's 1984 burden was placed on the plaintiff to prove that the defendant was alive.
