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NOOR KAMAL KHAN versus MIR GHULAM


Section 12 (2) of the Limitation Act (IX of 1908), section 5 suits the applicant for separation of the limitation ex parte proceedings for proceedings which the ex parte was moved for not appearing in court. The former party filed an appeal to set aside the proceedings. On the plea that he was neither served personally nor by any other means and he was totally unaware of the proceedings which the trial court dismissed. The appellate court upheld the trial court's legal ruling. The Validatie Parties were the common heritage of the joint motion and the defendant once appeared in the court at the stage of appeal in a legal case under which the trial court granted a temporary restraining order against the defendant. And the lawsuit was filed by Legal Heritage. The appeal appeared in the appeal filed in the court, but this fact was suppressed in the petition filed before the trial court and the fact was also hidden in front of the High Court's request to set aside the previous proceedings. Was taken After more than six years interval by the defendant and not filed with the petition for contempt of delay, the defendant's conduct, especially with the High Court as well as the lower courts, to hide the fact. , Was not subject to any exception. In the absence of any illegal or irregularities in the decisions / orders approved by the courts below, the same may not be interfered with in the review.

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