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SHAMAS-UD-DIN versus MUHAMMAD SHARIF


Civil procedure Code Order XVII XVII O XVII, R 3 and Section 96 Proof of absence of evidence The presence of witnesses on the previous two dates Three days the witnesses were excluded in the suit of the day Not excluded due to such witness documents They could have been suspended, though they were summoned, but could not be presented. The witnesses who had to be evicted for obtaining the documents were due to a short three-day delay approved for the purpose. The case was not postponed to the due date; at the request of the plaintiff, the provisions of O XVII, R 3, CPC convictions could not be requested; further decision on the merit after giving the parties a fair chance of damages. Was remanded in the trial court for. Include their proof

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