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IMTIAZ ALI versus MUHAMMAD BAKHSH


The plaintiff did not present evidence for possession in Section 8 Civil Code of Conduct (V8 1908), O XVII, R 3, despite the fact that he was given a fixed day for proof as a last resort, even though the defendant was present, His lawyer was not available. The plaintiff filed an application for adjournment which was rejected by the trial court and the right to present the plaintiff's evidence was discontinued under O XVII, R 3, dismissed for non-production of evidence. Appeal was excluded as well as providing evidence despite the ten opportunities provided, therefore, the trial court had to close the evidence and dismiss the suit and the decisions of both the courts. There was no option but to exclude, and only the plaintiff failed to identify any irregular, illegal or misrepresentative evidence. Merritt Lees, dismissed

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