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NOOR DIN versus ABDUL GHANI


Civil Procedure Code Order XVIIA XVII of the CPC Habits, R 3 The case was adjourned for the disposal of the miscellaneous application which was run by the first respondent / applicants under OXVI, R1. Said that the application was decided on a fixed date and that was the case. After recording the date of the hearing adjourned to the next date as usual for recording of the evidence of the plaintiff / respondents, no evidence was presented by the plaintiff, the trial court ordered the closure of their evidence. And the case was dismissed when no evidence was available. Closed and adjourned on the date of adjournment, the case of the claimant was not settled on the request, the provisions of AXVII, R3, CPC, thus the application of the provisions of O XVII, R3 were not attracted to the question. , The CPC had to be determined with respect to the fact that the date on which the provisions were applied was decided at the request of the party whose evidence was intended to be closed

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