SIKANDAR KHAN ALIAS MAKHU versus BARKHURDAR

O IX, r 6 (1) (a) Read with Section 1 I5 the former partial decree may be in word r 6 (1) (a) The interpretation trial court holds at its discretion to pass the former parish decree or to the plaintiff in its In order to establish a claim, evidence must be presented in favor of the discretion of the court that it has been used judicially and ordered that it be used for any illegal interference or material infringement. Not regulated, requiring no intervention [interpreting the constitution]

1981 C L C 183

Before Muhammad Ilyas, J

SIKANDAR KHAN alias MAKHU‑Petitioner

versus

BARKHURDAR AND 3 OTHERS‑Respondents

Civil Revision No. 1608‑P and Civil Miscellaneous No. 5966‑C of 1980, decided on 3rd November, 1980.

Civil Procedure Code (V of 1908)‑‑

O. IX, r. 6(1) (a) read with S. 1I5‑Ex parse decree‑Word "may" in r. 6(1) (a)‑‑‑Interpretation‑Trial Court possesses discretion to pass ex parse decree or require plaintiff to produce evidence to establishment his claim‑Sub discretion vesting in Court found to have been exercised judicially and order not suffering from any illegality or material irregularity ‑ Held, no interference called for.‑[Interpretation of statutes).

Shamroz Khan and another v. Muhammad Amin, etc. P L D 1978 S C 89; Azizullah Khan and 4 others v. Arshad Hussain and Z others P L D 1975 Lah. 879 and Mst. Gul Bibi v. Hamesh Gul and another P L D 1976 Pesh. 108 distinguished.

H. A. Aziz for Petitioner.

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