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Civil Revision No. 584 of 1978, decided on 30th September 1980.
__ S. 106‑Notice‑Question of fact‑Non‑service of notice, held, a question of fact.‑[Question of fact].
‑ O. VI, r. 6 and Transfer of Property Act (IV of 1882), S. 106 Pleadings‑Pleas of fact must be taken by parties in pleadings Opposite‑party cannot be allowed to be taken by surprise‑‑Plea of non‑service of notice not raised by defendant nor supported by evidence‑Finding of lower Court holding question of non‑service of notice having been waived in circumstances, held, without any jurisdictional defect.‑[Pleadings].
Aushutosh Basuk v. S. M. Rehmat Ullah 1970 S C M R 386; Balqees Sultana v. Settlement Commissioner P L D 1975 Lah. 185; Mst. Bachi Bai v. Ghulam Abbas P L D 1972 Kar. 278 and Shah Alam Co‑operative House Building Society v. House Building Finance Corporation P L D 1972 Kar. 178 distinguished.
Province of East Pakistan v. Messrs Allah Wala P L D 1971 S C 476 not relevant.
Muhammad Hussain A wan for Petitioner.
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