SHAH MUHAMMAD versus HAFIZA BEGUM
The principle of applying Section 11 and O XVII, R 3 Race Judiciary, was earlier filed on F and the same was excluded under O XVII, R 3, CPC while the only cause of action between the same parties. But a lawsuit was later filed. After the trial, the trial court adjourned the case and the appeal was dismissed. The rule of race jostata was applied by the lower appellate court, and subsequent decisions and orders of both courts were set aside.
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