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HOUSE BUILDING FINANCE CORPORATION versus S.M. IQBAL


The appearance and absence of parties to the Civil Procedure Code Order IX of the CPC resulted in O IX, R 13 Constitution of Pakistan (1973), Article 185 dismissing the defendant's request to keep the former party decree separate. The courts rejected it. The petition, including the High Court Ground, was denied that the defendant's lawyer as well as his followers were present and the date for filing a written statement on his application was given, but both did not appear on the important date. Nor did they file. However, in the written statement, the plaintiff's lawyer acknowledged that neither the lawyer's name nor the follower's name appeared in the order sheet nor any file of attorney was placed on file. Also lacking was the fact that the defendant's appeal for leave in connection with his personal service changed the appeal into an appeal. Was made and the trial court adjourned to decide the merits of the case

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