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HASSAN DIN versus JALAL DIN


A summary of the application by the CPC to separate the appearance and non-submission of the CCP to the Civil Procedure Code Order IX ex parte decree of O IX, R 13 and section 115, in which the ex parte decree Application for separation which should include a decision on disputed questions of fact and law. The defendants were entitled to prove their actions in the petition for the separation of the preceding order and also brought the opposing party against them without proper inquiry by the court. There are similar opportunities to reject content that has gone away. The course adopted by the court for the determination of such plea on mere hearing arguments was not appropriate; the former party's decree found itself having two material flaws in the procedure, which dealt with the summary of the application for the separation of the former party decree. That the defects were of a significant nature and to the extent that they could not be lightly ignored or the plaintiff received this order, any evidence and the defendants were denied the right to be without Legal instead of rejecting the application for a waiver without providing the opportunity to prove your allegations of evidence In order to avoid further aggravation of the will and to promote the cause of the judgment on its merits, the party rules for its decision in accordance with the law and its observations, the court decided to set aside the former party decree itself, Which was approved without taking evidence in support of it, the suit would have to be retried on merit according to law.

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