BEHRIA TOWN THROUGH CHIEF EXECUTIVE versus HAJI MUHAMMAD ANWAR
O. XVII, R3 of the Special Relief Act (of 1877), the Section 42 suit was consolidated under another case filed by the defendant against the plaintiff's affairs, during the absence of evidence from the plaintiff's presiding officer. The case was adjourned several times; on the last date of the transfer and adjournment, the trial court dismissed the case filed by the plaintiff from the stable case and dismissed the case, following the close evidence of the plaintiff. The case had the right intervention on more than one basis. A XVII, R 3 CPC was not applicable to the plaintiff at all because it was declared absent, otherwise even if it was assumed that O XVII, R 3 CPC was applicable, then the trial court Decision needed to be heard The trial court had no jurisdiction to dismiss the case after closing the evidence without rendering the verdict, nor was there any basis for interfering with the internal order and remand, meaning section 115, CPC
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