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ARIFA AMJAD versus ABBAS TAYYAB DAR


The adjustment of the partition suit in the AXVII, Rr 2 and 3 suit was not at the request of the default party but under the judgment of the court itself, the defendants had default in appearing and had failed to produce evidence on record to assist in the decision. Content was not available. Under the trial, the trial was settled in the trial court case, under O XVII, R 2, the CPC read with the OX, the CPC, either the case O IX, the R 8 May be excluded if presented under the Act or the court may take such other action. The order as it was thought that included the order to postpone further hearing of the case, the court had the discretion to work both ways and was not obliged to leave at the time of the hearing. Orders to exclude the required trial of evidence in the absence and absence. Plaintiffs could not have been in the circumstances. The only reasonable and legal order a trial court could have was to dismiss the case in accordance with the procedures set out in OOX, CPC, and R2 of Oaks VII; the CPC petition applied which struck the power. ? o When the case was called for a hearing and the defendant appeared before the court, the court deferred the case in case the plaintiff or his lawyer did not appear in the case.

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