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MUHAMMAD JAVAID versus FALAK SHER


The respondent stated that the petition under section 12 (2) and OXVII, R3 Constitution Pakistan, Article 199 constitutional petition, against the judgment and order of the CPC which was approved by the trial court in 1998 Appeal trial court rejects non-production request After review of the evidence, the court allowed the request for review and after giving the applicant another opportunity after presenting evidence subject to payment of Rs 5000, the trial Called the trial court because the records of costs have revealed that the application is subject to Section 12 (2), CPC and the case. . The same date filed by the respondents was fixed before the same court that the hearing of the petition was postponed to record the evidence for 10, 2004, and the trial was adjourned till 11 11 2004. Cannot exclude Order XVII, R, regarding the date of the hearing. 3, the CPC was a persuasive provision and should have been strictly banned and used after the default party had placed the notice, if there was no evidence. Submitted on the next date of hearing, the evidence should be sealed and should accompany the death sentence as prescribed in the above provisions, in the present case, the applicants were not given such warning. Was that the applicants' valuable rights were included. In this case and will dismiss the petitions on technical grounds that the order passed by the reviewing court was not subject to any illegal action or material misconduct, the High Court refused to interfere with the constitutional jurisdiction.

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