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MISS ASMA GULISTAN versus TARAQEE FOUNDATION THROUGH CHIEF EXECUTIVE


A VII, R 2, O IX, R 13 and O XLIII, R 1 (c) (d) suit for recovery of money Ex parte decree application to keep the preceding order submitted to the trial court despite publication Failure to do so, the former proceedings against them were taken and the trial court ruled in the plaintiff's case against the plaintiff, the former party defendants after 10 months interval under OIX, R 13, CPC. The petition was filed for separation of the party decree and under this the petition for contempt of delay was also given. Section 5 of the Limitation Act, 1908, stated that the application was dismissed by the trial court for lack of competence, there was no justification for the delay in the counsel's ability to consult with the defendant who fell asleep on his rights. The defendant had to bear the consequences. The material on the record came to the correct conclusion as the defendant failed to establish his absence and there was no reason to delay the filing of the petition, according to the OI His request was established under X, R13, CPC, the CPC was rightly rejected by the trial court, which did not require any interference. The appeal was dismissed.

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