The appearance and absence of the parties to the CPC's Civil Procedure Code Order IX resulted in O 1 X, R 13 Constitution of Pakistan (1973), Article 185 (3) ex parte decree, leaving no amended claimant yet. Neither the plaintiff nor the legacy of the deceased was served without which further progress would not have been possible in this case, because of the absence of the defendant, such a case was still pending Was not prepared for, the defendant's absence on the date of filing of the written statement was cited as a result of his illness, which the Medical Certificate High Court supported, in the circumstances The writ decree was properly rejected
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