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JAVAID AKHTAR versus IIIRD ADDITIONAL DISTRICT JUDGE (SOUTH), KARACHI


Civil Procedure Code Order IX CPC Appearance and Non-Appearance Result AX, R13 and Section 12 (2) Constitution of Pakistan (1973), Article 199 Constitutional Application Retention Summons on the basis of defective service Keep the decision separate. For the purpose of obtaining an injunction to prevent section 12 (2), I may be charged with irregularities in the service of summons under O IX, R 13, CPC, CPC in this case OI, R 13 And the provisions of this section shall not be binding. 12 (2), CPC should read independently because of the fact that the limitation period of the two provisions is different where the alleged service of summons was defective and the previous order was given, if the court under OIX Unless it was set aside, the R13, CPC, dismissal order could have been challenged in a higher forum as such an order was ultimately successful because of its disputed dispensation, followed by section 12 (2). Could not be challenged, the CPC could not even have such a final order. Suspended under the constitutional jurisdiction of the High Court under Article 199 of the Constitution

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