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SAIN AKHTAR versus MUHAMMAD YOUSAF


O XLI, R 19 of the CCP Rule Order XLI relating to the actual rules of the CPC, R 19 The default party wishing to recover a case or appeal is bound to prove that when a trial is sought by the court Was prevented from appearing for several reasons. To take evidence of the principle that the cause must be stated by the defining party, however, it is necessary to make a decision about the competence of the cause in order to explain the default in appearance. There was a need and in the absence of this the issue could not be satisfactorily decided. The previous defaults by the court on which it was held were not relevant

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