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MUHAMMAD SIDDIQUI versus ZULFIQAR HAIDER


Civil Procedure Code Order XVII of CPC Adjustments OXVII, R 3, dismissing the evidence and dismissing the case, the lawyer requested the court to postpone the hearing because of the trauma caused by his murder. Was not recovered yet. Damad, but the court refused and, after the plaintiff's evidence was closed, dismissed the case, no doubt, in the event of the party's approval of the motion and failure, the court under C XC, XVII, R 3 Was given the discretion option. In order to present evidence to a party, proceed to close your case, but in the light of the facts and circumstances in each case, this discretion should be exercised judicially on the relevant matters and that any Kind or irrational was not in reality. The plaintiff was assassinated and he did not think himself appropriate to appear in his case and should have used discretion in court because he was requested to postpone. In a situation where the plaintiff's approval of a further motion supports the decision of the parties' right, rather than their settlement being approved by another adjournment, in the circumstances, the execution of justice is met. ?

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