MUNAWAR ALI versus ALI DOST
Sections 324/147/149/109 Criminal Code of Conduct (v. 1898), Section 200 Constitution of Pakistan (1973), Article 185 (3) Exempt from appeal for absence of proof of receipt of appeal for appeal by the applicants. Should not be , Especially in view of the complainant's statement under section 200, the medical evidence available to the CCP and the Record Trial Court should have provided an opportunity to proceed with the matter and then appeal the decision to determine the fate of the case. Had a vacation request. The appeal was changed and the circumstances allowed that the affidavit of the High Court was set aside and, in view of the aforesaid observations, the case was referred to the trial court with the direction of disposal.
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