AUCHER KHAN versus PROVINCE OF SINDH THROUGH DEPUTY COMMISSIONER, KHAIRPUR
The plaintiffs did not present their evidence despite the numerous occasions of the plaintiffs' failure to declare the suit and the exclusion of the decree and the exclusion of the injunction. The case was transferred to another court. , The plaintiff failed to appear, and consequently the case was dismissed under OXVII, R2, the CPC order approved by the trial court, upheld by the validity of the lower appellate court, After one of the plaintiffs' appearances, there was no case remaining. O XVII, fully aware of the date of supply of R 2, required the plaintiffs to issue notice of judicial motion; The adjournment was held on non-submission of date, irrespective of which the matter may be postponed. Providing OXVII, R5 in such cases, except for the postponement date set by the reader, CPC was applicable in the following courts exercising any material irregularities or jurisdiction. Failure to exercise jurisdiction or jurisdiction granted under it, the High Court refused to interfere with the orders passed by both the courts because it was legal and was approved in their legal practice. Not subject to jurisdiction and no form of weakness The amendment to the law or equity was rejected under the circumstances
Related judgments — Karachi High Court Sindh, 2014