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MUHAMMAD ZAKARIA versus MUHAMMAD YAKOOB


Civil Procedure Code Order VII of CPC Plants O VII, R 11 and Section 115, amending jurisdiction, mandatory exercise where the trial court exercised jurisdiction which was not kept under law. Or failed to use the authority contained therein. Or where its jurisdiction was exercised unlawfully or with material misconduct, the provisions of Section 115, CPC shall be attracted where the case for a trial is to be dismissed. He was ordered to record the trial and evidence, and it was not illegal. Neither was irregular but there was a fair exercise of jurisdiction and there was nothing wrong with such a case. The point of limitation was also not to attract the first party to the dismissal of the case. Was not authorized.

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