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Constitutional Petition No. D‑173 of 1977, decided on 2nd September. 1979.
--‑‑ Para 29, proviso read with Civil Procedure Code (V of 1908), O. XIX‑--Natural justice, principle of‑‑Opportunity of hearing-- Counsel for petitioner filing affidavits controverting allegation in impugned order as to petitioner having been present alongwith his counsel during hearing of case‑Petitioner also filing a certificate issued by Deputy Commissioner of another District categorically confirming petitioner having been on duty in his office on date of hearing of case‑Counter affidavit filed on , behalf of respondents penurious‑Affidavits filed by counsel, in circumstances, held, could not be ignored and impugned order liable to be set aside for having been passed without according opportunity of hearing to petitioner. [Natural justice, principle of].
Ismall Memon for Petitioner.
Sabir Hussain Rehmani for Respondent No. 1.
Nemo for the Remaining Respondents.
Date of hearing : 2nd September, 1979
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