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REHMAN BEGUM versus HASSAN MUHAMMAD


O VII, R 2 & O IX, R 2 summons not submitted for failure to pay costs by the plaintiff for recovery of money and appeal not to enter the correct address of the respondents dismissed Should be excluded and the order not complied with. Failure to enter the correct address for service to the plaintiff in the court under OX, R 2, CPC will result in a penalty for the plaintiff in case of expulsion under O IX, R 2, CPC The case should be decided. On the merits; and the law was in favor of deciding the rights of the parties to the merit case and was at an early stage and the plaintiff was given only one opportunity to enter the correct seminary. It was in the interest of justice to decide on the merits of the case rather than the technical basis that the appeal was accepted, the Appellate Court's impartial order was set aside and a fresh decision on the merits appealed and an opportunity to be given. Appellate Court remanded for To the plaintiff to enter the correct address of the plaintiff

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