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NAYYAR HUSSAIN versus MUHAMMAD SAEED


CPC Adjustments OXVII Civil Procedure Code Order XVII, R 3 Deletion of nomination filed to obtain proof of certification The Presiding Officer was on leave when the evidence of the plaintiff was to be recorded when the defendant's evidence was recorded. The case adjourned to record evidence The date set by the reader for the recording of the evidence cannot be legally validated on the day on which the failure to present the evidence closes the defendant's evidence and dismiss the suit. Should be met with conviction where a specific power was given. It is necessary to perform this procedure in certain ways and its other methods were forbidden. The provisions of OXVII, R 3, Civil Procedure Code, 1908, could not be summoned to a date that was pre-determined. Was not resolved at the request of the parties involved.

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