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GUL BEGUM versus REHMAT JAN


The Code of Conduct 1908, Section 107,100, 96 and 151 of the record was under trial in the Appellate Court for the first judicial decision when there was no possibility of restoring the record powers. Happened. In the Appellate Court on 10 107, the CPC was the same as the original jurisdiction where the record of the appellate court was burned, such a court was to re-establish a new record, the first appeal hearing. Was to be based on court records. According to the evidence on record, the verdict and order that was presented was to be tested that the record was completely destroyed, so there was no material left to guide the first appellate court. Yes, the trial in this case was none other than a High Court remand. The second appeal also had to be decided on the touchstone of misunderstanding, misreading or misappropriation of records when the entire file of the case was burned pending in the first appellate court and a result in accordance with the terms of section 100, CPC There was no record left to arrive at, the remand will be remanded for trial in the appropriate and single course (absence of record restoration) so that the necessary material should be available for the court's decision and guidance, at any time. No record could be available in the first appellate court within 120 days, recorded on the basis of fresh evidence The case was to be remanded for reconstruction. The oral and documentary case was, as such, properly remanded in the circumstances.

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