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ABDUL SATTAR versus MUDASSAR ALI


A. XXXVII, R 4 The trial court accepted the leave application to defend the lawsuit filed by the defendant. After the settlement of the cases, the plaintiff's evidence was recorded, despite having received numerous occasions, the defendant did not present any evidence, but rather absent himself from the court, which resulted in the approval of the previous partial judgment and decree. Defendant Ali filed an application under R4 of the Civil Procedure Code on the issuance of air and arrest warrants; the court may, in special circumstances, set aside the order after the order has been approved and the defendant may be summoned. Take leave to seek and defend this suit, which basically shows that the provisions of O XXXVII, R 4, CPC only came into force When the defendant was not granted leave before and after his grant for defense and defense. Under the provisions of O XXXVII, R 4, CPC, the terms set out in this rule became redundant and they could also give the summons more leave to appear and defend. The defense of the case clearly revealed the intention of the Legislature that the aforesaid rule was drawn up for the person who failed to appear in response to the summons and to submit a simple study of the claims of the provisions of O XXXVII. Had to apply for leave approval. , R 4, requires the CPC to establish special circumstances for the defendants and to demonstrate the facts of the defense in particular, so that the court can set aside the preceding party decree and have it appear before the court and To defend the case. A vacation case is not pending before this court and to defend it

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