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P L D 1979 Karachi 488
Before Ajmal Mian, J
MUNSHI‑Petitioner
versus
MUHAMMAD ISHAQUE AND ANOTHER‑Respondents
Revision Application No. 151 of 1973, decided on 25th November 1978.
(a) Civil Procedure Code (V of 1908)‑
‑‑ O. XLI, r. 21 read with S. 115‑Appeal‑Rebearing of‑Rehearing of appeal can be ordered when (a) respondent not served, and (b) respondent prevented from appearing for sufficient reason‑Reason for non‑appearance on date of hearing supported by a personal affidavit of Advocate‑Order of rehearing passed by Additional District
Judge after coming to conclusion that sufficient cause was shown for non‑appearance‑Held, not without jurisdiction‑Such order, being neither in excess of jurisdiction nor passed with material irregularity, does not warrant interference by High Court in revisional jurisdiction under S. 115.‑[Appeal (civil)‑Revision (civil)].
Rahim Bux and others v. Gul Muhammad and others P L D 1971 Lab. 746 ref.
(6) Civil Procedure Code (V of 1908)‑
‑‑ S. 115‑Revision‑Concurrent finding of fact‑Cannot be set aside on ground that appreciation of evidence was not proper. [Revision (civil)‑Evidence].
Ismail Munshi for Applicant.
S. H. Riavi for Respondent No. 1.
Dates of hearing : 18th and 25th November 1978.
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