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SAID KHAN versus JANAT BIBI


The CCP Rule Order XLI, XML, R 27 relating to the original rules of the CPC, for the appellate court to produce additional evidence, before the closing of their evidence, the petition was sought for hearing. The trial court witnesses were summoned by the court. But when he did not appear, the court did not summon him and after the plaintiff's evidence was closed, the applicants dismissed his case, after which the petition was filed in the appellate court for further evidence, The court, which was dismissed, had taken all necessary steps to seek the witnesses. The court also erred in dismissing the petitioner's appeal on illegal, misconceived notions of obtaining witness's presence through appellate court. Doing so will allow the appellants / applicants to fill in the gaps in their affairs.

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