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AHMAD BAKHSH versus MAKHAN KHAN


Section 9 Civil Procedure Code (v. 1908), O XVII, R 3 Constitution of Pakistan (1973), Article 199 Constitutional petition suit provided oral evidence as well as oral evidence of the party effector, while the defendant provided only documentary evidence. Of the trial. The court closed the defendant's evidence under OXVII, R 3, CPC and the plaintiff's appeal was dismissed by the plaintiff. Argued that the trial court did not provide appropriate opportunities but closed the evidence on false assumptions and dismissed the application without justifying the appeal. During the proceedings, the defendant's justification of the conduct indicated the fact that he initially appeared before the trial court in this case and then before the appellate and review application, for the purpose for which it was known Was that he aggravated the plaintiff's torture, because despite repeated failures to present evidence, he prevented it from arbitrary relief. Therefore, the trial court had no option but to close the evidence under O XVII, R 3, CPC which was unconvincing enough that there was sufficient record which shows that the trial court did not The trial was justified and the appellate court upheld it. High Court dismisses judgment and order passed by trial court constitutional petition

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