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ZUBEDA versus M. ABDUL SATTAR


Civil Procedure Code Order II of Suite 0 II of the CPC Framework, R2 Specific Relief Act (I of 1877), was defended by the defendants on the suit for possession by the Section 8 suit claimant. It was alleged that the plaintiff failed to file a lawsuit for possession. Earlier, the case was not eligible for possession under Rule 0 11, R 2. In the first period of the trial, the CPC plaintiff had also raised the question that the defendant's filing of the case for possession was invalid. But the case cannot be ruled out by the court. Delivery of 0 11, R 2, CPC to the plaintiff because the bar under O II, R 2, CPC will only be attracted if the plaintiff was entitled to relief against the defendant at the time of filing the case. But he refrained from doing so.

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