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MEHER SHAHADAT KHAN: IN RE versus MEHER SHAHADAT KHAN: IN RE


Civil Procedure Code Order XXVII's CCC Summary Procedure Suitable for OXXXVII, Rr 1 and 2 Debt Receipts on Devices Obligatory to Defend Suit Wag Given to Lenders To provide security of money in question before the date of hearing. The date of the hearing stated in the borrower's part that he was suffering from severe illness, was unable to present the required security due to a lack of time and could not deal with the specific request for illness taken by the borrower. Seeks extension of time to present security; proceedings for settlement The court's approach to dealing with the issue was not correct because the court did not have a proper way to deal with the issue because requesting an extension of time. Was just not fit and proper. The general observation that the security should have been disposed of was not a satisfactory explanation for the failure to perform the required work. The incoming court should have specifically dealt with the borrower's request for illness and if If the court was not satisfied with the oral proceedings offered by him, the merit decision and his decision should have provided an opportunity to present evidence of setbacks on the issue of illness. The trial court was set aside and the cases were remanded for a fresh verdict on merit

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