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MST. GHAZALA REHMAN versus NAJMA SULTANA


Non-recording of Evidence in Rule XII, R6 Special Relief Act (I of 1877), Section 42 and 54 of the Amendment to Laws Ordinance (XII of 1972), Section 3 Intra Court OI XII, R6, CPC The trial court held that without a proper case and without recording any evidence, the trial could be made only on the basis of some admission given in the written statement filed by the respondent, proof of the pure question of law could be increased without any evidence. But for the purposes of the admission decree, the party deciding on the admission of the other party had to file an application under O XII, R 6 CPC which was obtained from the admission. In order to attract the delivery of O XII, R 6, admission to the CPC must be vague, clear, unconditional and the court must approve the decree. You should use your discretion in a judicial manner when dealing with such a request, subject to the ability to hold a lawsuit over any legal objection. In this case, the court should not issue an admission order while resorting to the objections raised. During the decision and the approval of the decree, the real question remained in the dispute, which cannot be decided without the evidence being added by the parties, and most of the cases were decided by the trial court. Mixed Questions and Required Evidence on Law and Reality The High Court remanded the trial court to the next decision on the merit after recording the evidence, setting aside the judgment and order passed by the trial court, under which the intra-court Appeal allowed

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