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MANDHI KHAN versus PROVINCE OF PUNJAB


The appearance and non-appearance of the CPC of the Civil Procedure Code Order IX resulted in the removal of the plaintiff from the O IX, R9 Limitation Act (IX of 1908), Article 163 restitution limitation, which applied for a retrial. Failed to enter, within the default period, within a period of 30 days, explaining the delay, claiming that the deadline for the presiding officer, to be requested earlier, was on leave and the next day was Friday. And since such an application was filed the next day, if the presiding officer was on leave, the application could have been presented to the Reading of the presiding officer or before the duty judge. The presiding officer who was involved in the claimant's judicial work, was not present the day that was not requested when the duty judge presiding officer. On leave, the plaintiff, who failed to move the application for restitution of the case immediately when time was running against him, could not escape the consequences of his contempt. Therefore, the circumstances were tuned by the following courts. Was rightfully dismissed

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