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JAVED HUSSAIN versus RAJA SHABBIR WALI


Appeal for appearing suit leave and request for defense application for receipt of money on the basis of A. XXXVII, Rr 2 and 3 Demarcation Act (190 and 190 of IX), Section 3 and Article 159 check. The petitioner filed an application for defamation and defense after approximately 10 months of filing under Article 159 of the Limitation Act, filing a suit in 1908 and applying for leave to file a defense claim. In the case, the plaintiff raised the objection that since the defendant had filed for leave and applied for defense. After the limitation period provided under Article 159 of the Limitation Act, 1908, this case states that the application has been punctually punctual, however, it was not acceptable for the plaintiff to be entertained under the advice of the law. That A. XXXVII, R 2 (1), CPC provided a special procedure and acknowledged that it was not followed, but denied the mandatory nature of the special procedure and said Even then its boundaries would go their way and nothing could stop me from walking, dealing with the general suit as a normal suit, but also OXVIII, R2 (1). The special procedure laid down was dealt with in the same manner as the summary suit, the CPC Special Procedure provided under APSC III, the CPC was mandatory in nature and Article 159 of the Limitation Act 1908 The 10-day limit will not go against the defendant unless special procedure was adopted in the service of the summons, unless in the present case special procedure was not adopted. And in this case Article 159A of the Limitation Act, 1908

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