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PERVEZ SHAKOOR versus MUHAMMAD USMAN


Special Relief Act 1877 Section 12 Civil Procedure Code (v. 1908), APLI, R23, and Section 115 Application for Removal of the Ex-Parte Decree for the Exemption of Ex-PAN Decrees for Illegal Procedure, Defendants Application for rehabilitation of the filed application, also to determine the former party decree. At the hearing, the appeal of the defendants was also dismissed by the trial court without mentioning any matter or giving the defendants an opportunity to prove their reason for not appearing, to reject the former parties' demeanor. The reason for the restoration of his earlier application was stated as the reason for his lawyer's non-submission and non-submission, if this is considered to be true, for his failure to appear at the due date for the hearing. The reason would prove, therefore, that they were entitled to the opportunity to prove the reason for their failure. Non-submission of his lawyer's case in which the trial court dealt with the defendants' pleas was irrational, without setting any issue to prove the reason for their not appearing. Having been verified, could not be sustained, the case was re-sent to the trial court for a new decision on the request of the applicants / defendants, so that the former party could be set aside. After the judgment and order, after setting up the matter and giving the parties the opportunity to present evidence.

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