Civil Procedure for Civil Procedure (v. 1908), O. VII, R 11, Right of Authentication, on the technical basis of the plaintiff's dismissal scope, the plaintiff filed a claim for the share of the shareholder claim dismissed by the defendant. The request to do so was allowed. The trial court and the declaration were excluded without recording the evidence of the parties. The appellate court remanded the trial / defendant to settle the trial on merit, arguing that the appellate court unlawfully ordered the trial. Holds As a court, when the timeframe was imposed on the plaintiff by the plaintiff, the trial court dismissed the case at the correct preliminary stage because neither the written statement was recorded nor any other way. There was evidence that could prove the applicant / defendant's dispute regarding their respective request. In the case of inheritance with the trial court, it was necessary to ensure that no legal heirs were denied their legal share in the property of the deceased on a technical basis, in such cases, the pro. And after recording conflicting evidence that needed to decide on the inheritance dispute, the plaint was slightly rejected at the threshold indication. The question of law and facts, which cannot be resolved without recording the evidence of the parties, was based on the proper definition of the points of appeal, in which the application for review was dismissed.
Related judgments — Peshawar High Court NWFP, 2014
