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YAQEEN ALI & COMPANY versus PROVINCE OF SINDH


Civil procedure Code Order XVII's XCI OSVII, OXVII between RX 2 and 3, the difference between Rules 2 and 3 of CPC: while R 2, OXVII also applies to postponement hearings on CPC court order and wherever does not exist. In the record, Rule 3 applies where the adjournment should take place on the part of a party and in order to decide the case, there must be any material in the record for any reason, without any evidence, oral or documentary. Failed to present document, 13 pending trial: The court had no other option but to prosecute under O XVII, R 3, CPC where the witnesses sought by the plaintiff were present but the plaintiff Failed to test, there was sufficient material in the record to justify dismissal of the case under O. XVII. , Rule 3, CPC

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