Section 12 and 54 Civil Procedure Code (V8 1908), O IX, R6 Limitation Act (IX of 1908), Article 164 for the specific performance of suit contract, recovery of Rs 5, 36, 00, 000 and a permanent order resolution Issue a summons to the defendant by the trial court without notice of non-payment of court fees at trial. In the absence of the defendant's submission, on the 3rd of 1998, the defendant's plea denied the former party decree on 25, 2004 without recording the evidence without passing the previous party order against the defendant. On the basis of facts and without any record of the evidence of the trial, the case has been served or found out before the trial court dismissed it. In its proceedings it was recorded that the respondent had moved the petition for postponement, but it was not available on record. IX, R 6 (I) (a), CPC supply, thus, his Will not be attracted to. In the present case, the question cannot be decided without recording the evidence of a case involving questions related to disputed facts. The defendant had no knowledge of the trial and the preceding party decree, so, the limitation of this will begin to run from the date he was charged, the trial was held illegally. The request for partial decree and its dismissal was dismissed
Related judgments — Peshawar High Court NWFP, 2011
