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SARDAR ALI MUHAMMAD KHAN versus MUHAMMAD AYYUB


Section 118 Civil Procedure Code (v. 1908), A XXXVII, Rr 1 and 2 suits for recovery of money on the basis of a compromised note, were excluded on the basis that the plaintiff was silent about the mode. And place of payment, etc. Accuracy Since the defendant did not submit any leave for defense, the trial court was required to order the case in terms of A XXXVII, R 2 (2), CPC and it was not necessary for the plaintiff to grant the same. The evidence does not need to go to the trial court, the place of payment, and the method of payment, etc., as it was necessary to be considered under the law under 1881 in relation to the negotiating device. Unless such an idea is considered. The defendant's denial, and in the present case, the defendant did not reject the trial court's conclusions, therefore, was incorrect. And the unclean order was put aside and the case ordered, appeals allowed

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