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RAI FARMS versus M.G. HERTZ (PVT.) LTD.


O IX, R 6 and O XVII, R 2 The failure of the defendant's hearing where the defendant was summoned and the defendant did not appear, O IX, R 6, would be attracted to the CPC if the defendant appeared. After appearing in court, but has failed to appear after that date, A XVII, R 2, CPC shall apply if the defendant has proceedings against the former party, he shall appear in court. That there is sufficient reason for not appearing in court under which the defendant proceeded against the previous section and defendant's defense was terminated and it was ordered that the defendant's suit be dismissed. The plea bargaining order was dismissed, however, the High Court put aside its amending powers, as the former party's decree was based on invalid orders.

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