ROSHAN JEHAN versus NOOR JEHAN
The decision of the case on the merits of the Code of Civil Rules 1908A IX, R4, O XLIII, R1 and Section 115 technical matters against the order passed under the First Appellate Court of Exception 1, OX, R 4, CPC Appeal allowed when accepting defendants' appeal. He expressed the belief that every matter should be decided on merit rather than merit, although the spirit of the law was that every case should be decided on merit, but where a party made it impossible for the court to decide on merit. Yes, then the court can decide. Do not help in making decisions according to the law, although such a decision cannot be made on the merits and even the order passed in the appeal on the technique of limitation law was bad in law, the appeal itself was not sustained. Even if the appeal was deemed to have been sustained, it was banned over time. And even if these provisions of the law were ignored, the plaintiff failed to show any good reason for the recovery of the case for the plaintiff's absence on the crucial date, thereby dismissing the order in the appeal. , And its trial court was reinstated with the conclusion that the application for restitution of the case will be dismissed.
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