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ATTA-UR-REHMAN versus HOUSING AND PHYSICAL PLANNING COMMITTEE


Section 42 Civil Procedure Code (V8 1908), Sections 115 and O XVI, R1 Suite, for reviewing the declaration, the scope trial court directed the parties to file a list of witnesses within seven days after compiling the matter but the plaintiff. Did not enter the file. After the aforementioned delay, when the plaintiff applied for permission to testify, the trial court dismissed the petition, instead of hearing the trial case, the plaintiff filed an appeal, which was dismissed by the Additional District Judge. Argued that the appeal against the trial court order was not practicable, so the appellate court, in processing the appeal, rendered it illegal because the plaintiff could only file the case and appeal against the trial court's defendant. Can , Which was again not practicable, the legitimate parties were required to submit the Radian Certificate to the Court to present evidence under the SS along with a list of witnesses, who, through XVI, R 1, CPC, The available order is against the order that the request was not submitted within the stipulated period, modified under section 115. CPC and not appeal which can only be filed under specific legal provisions Appeal was not a substitute for revision Appeal against the order of dismissal of the court was not retained Appeal in violation of the law was invalid because invalid Responsible for demolishing a superstructure foundation raised The revision was rejected, in the circumstances

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