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The proceedings in Civil Case No. 13 of 2005 were fundamentally flawed because evidence was led on defamation instead of the pleaded commission claim, and both the trial magistrate and counsel failed in their duty to confine the trial to the real issues. The proceedings are quashed and parties may file afresh.
Source excerpt
The proceedings in Civil Case No. 13 of 2005 were fundamentally flawed because the appellant and his witnesses gave evidence on defamation, which was not the subject matter of the suit, and the court and counsel failed to correct this misdirection. Therefore, the proceedings are quashed.
Source excerpt
The High Court held that a prior lower-court suit between the same parties was still pending, so the High Court case was stayed under section 8 of the Civil Procedure Code.
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