DR. NOSHEEN LATIF THROUGH FIAZ AHMED KHAN versus MST. SHAMIM AKHTAR
Section & Q Q: Kevin Martyr (Ten of 1984 1984), The decision was made by the plaintiff to make a Tal Students suit filed through the section 99 pre-trial. The appellate court's certificate was declared compulsory under section 13 (3) of the North-West Frontier Province Pre-emption Act 1987, according to which a notice was required to be sent in connection with the student's affidavit by a registered core confession and the result of the violation. Must face instability. In the present case, the notice was not sent to the defendant at the correct address. And secondly, to prove that the defendant received the notice, he was obliged to prove the service of the notice, but the plaintiff / former importer failed to do so but it was not clarified. This claim was made under Article 129 of the law. Evidence, 1984 This notice was not presented to the two courts below the defendants, in which case it was not justified that the defendant was not legally taken notice under Section 13 (3) of the Prophet Western Front. Was. Demonstrations of the Pre-Emission Act, 1987, were necessary for the exercise of the right to a right of exploitation and the failure to result in the dismissal of suit decisions and material misconduct, misreading and non-reading of evidence. The decisions passed by have suffered from suspended decisions and orders. Was set aside by the courts below and consequently the lawsuit filed by the plaintiff was dismissed.
Related judgments — Peshawar High Court NWFP, 2010