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MST. NASIM AKHTAR versus ABDUL RASHID KHAN


AXV, R6 Constitution Pakistan (1973), Article 185 (3) defective record Two respondents were killed during a regular second appeal hearing before the High Court on which their legal representatives were brought to the record appellant. , Through a petition before the Supreme Court, the names of the respondents who died in the civil petition for leave to appeal in the civil court were mentioned and according to the mention of their legal representatives in the application for this appeal. An attempt was made to correct. That the same institution of civil petition against the respondents of the two victims was a malicious act as the relevant legal representatives of the two victims were confessed on record during the approval of the regular second appeal before the High Court and stated that Rule 6 of O XV, the Supreme Court Rules, 1980 did not apply in this case because the record was not defective in the Supreme Court. The commencement of anything after granting leave to approve an appeal, clearly recording the record of the relevant legal representatives in the High Court, clearly indicates that there was a conscious process of delayed enforcement of the civil petition before the Supreme Court. Was. In this process, no premium can be imposed on the sheer and criminal negligence of the appellant in filing a civil petition before the Supreme Court against the deceased. Respondents who die by application shall be subject to removal of any alleged defect for leave to appeal for consideration under the rules of the Supreme Court, 1980, in such a case as is appropriate.

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