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HABIB AHMED versus SARDAR ALI


CPC Summary Procedure for Civil Procedure Code Order XXXVII for Communications Equipment XXXVII, Rr 1, 2 and 3 appearing for a debt recovery suit and the defense suit deciding to apply for a defense of leave Did within a stipulated time. It is specifically stated that the affidavit on which the allegation that the defendants had taken the loan was deliberate and fraudulent and on a similar request in the previous case established by the plaintiff against the plaintiff. , The defendant was discharged for defense, who filed his written statement when, in connection with the same dispute earlier, the defendant was allowed to defend the case, after which the court The refusal to grant such leave was not in accordance with the principle of fairness and fair administration of justice. If there is a contradiction between the defendant's statement and his statement in the application for leave approval for leave. De Suit should have provided the defendant with an opportunity to explain this when the defendant filed an appeal against the court's refusal to grant leave for his defense, giving the defendant such leave Was entitled and could not be prosecuted. Decided without providing an opportunity to defend it

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