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Appellate Side No. 18 of 1948‑49, decided on 18th August 1950 from Lyallpur District.
Appellant's being involved in criminal case not a valid ground for condoning default in appearance‑Civil Pro cedure Code (V, of 1908), O. XLI, r. 17.
The contention of three of the applicants, namely, Muhammad Shafi, Inayat Ali and Muhammad Khan, contained in their application, dated the 16th August, 1950, received in this Court is that one of the four petitioners viz., Abdul Ghani is involved in a criminal case hence the) difficulty of his appearance in Court today, is no valid ground for the absence of the rest of them, namely, Muhammad Shah, Inayat Ali and Muhammad Khan. The necessary power from attorney could have also been obtained from Abdul Ghani, all being real brothers, I accordingly dismiss this application in default.
Parties to be informed.
A.H. Application dismissed.
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