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GHULAM SAMDANI versus MUHAMMAD ARSHAD MALIK


The administrative scope of the summary suit, based on sections 79 and 80 of the Civil Procedure Code (v. 1908), O XXXVII, RR 2 and 3 and O VII, R 10, was that the case was settled on any dispute. Was not based on The Instrument Trial Court ruled that the case was correct because of the defendant's leave and failure to defend the claim. The trial court did not consider whether the case was made on the basis of any communication tool. The suit was ordered before it was done. Because the plaintiff failed to file an application for leave of court, the same plaintiff did not submit a copy of any of the checks and the trial court asked him to present any evidence and present any evidence in support of the plaintiff. Was not required. The documentary evidence was unable to entertain and adjudicate in the absence of any evidence on the trial court record to bring its case to the summary suit to show that the claim was filed in the District of Exchangeable Device The judge was obliged to direct his office to investigate the cases filed under O XXXVII, CPC, when at the time of his filing it could be ascertained whether any negotiating device had been filed and A separate report should be available on each case file. And only then should further action be taken in such cases. The trial court's decision and decision was not sustained by the trial court and was set aside and the suit was filed before the wrong forum and the plaintiff was instructed to return it. Defendant to submit before any court of competent jurisdiction

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