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ALLIED BANK LIMITED THROUGH ATTORNEYS versus NAEEM ASSOCIATES THROUGH SOLE PROPRIETOR


Section 9 and 22 Civil Procedure Code (v. 1908), OXVII, R3 Closing of Evidence to Procurement of Debt The trial court closed the evidence of the plaintiff and dismissed the case on the ground that The plaintiff failed to produce evidence. And the case was not adjourned at the request of the plaintiff to cause the witness to appear, rather it was the usual adjournment order sheet under which the majority of the case was granted pending that the parties decide the matter in the external court. Demanded for a fine. The provisions of O XVII, R 3, CPC which had to be strictly construed and enforced, were applicable to the decision of the question in this case and the banking court's order was set aside and the matter was set aside. The decision was sought after a re-appearance in the banking court. Opportunity to present complete proof of this to the bank

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