M~LHMOOD AHMED versus NAZAR ALI
The Special Relief Act 1877 Section 42 suit was based on the plaintiff for declaration and possession, while the plaintiff's requests are contradictory, i.e. negative possession. Land occupied by the claimant's ancestors. And the decision was pronounced by the plaintiff through Bukhish, but the appeal of the defendant was accepted, in which they rejected all the requests except the application for the exemption of negative possession, however, the appeal was accepted on the basis of the gift. Which was neither requested nor appealed on the basis of the request. Impact of Appeal Courts should decide the case according to law and on a case-by-case basis. Not mentioned in the appeal memorandum / request should not be taken by surprise to any party where the party is not mentioned in the appeal memorandum with some of the requests. By amending the petition with the permission of the court, which was not approved, the appellate court's finding revealed material irregularities in the exercise of jurisdiction that appeared on the face of the record.
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