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ABDUL GHAFFAR versus KHALID PERVAIZ


Section 42 Civil Procedure Code (V8 1908), O XVII, R 3 After the issue of suit was adjourned to record the plaintiff's evidence, the plaintiff failed to present evidence despite several postponements and the plaintiff The proof of was excluded. However, the trial court below set aside the judgment and decree passed by the trial court, and the defendants in the remanded case failed to produce evidence despite the fact that they were granted several motions for the purpose. The reason is not stated. The High Court upheld the appellate court's ruling in dismissing the plaintiff's failure to present evidence, and the trial court's order dismissing the trial was reinstated.

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