ABDUL SHAKOOR versus CHAIRMAN, MIRPUR DEVELOPMENT AUTHORITY, MIRPUR
The High Court rejected the petitioner's writ petition affecting the dismissal of a case under section 44 of the Azad Jammu and Kashmir Interim Constitution Act of 1974, section 54 of the Special Relief Act (I of 1877). The civil suit has taken advantage of the cure. The petitioner prevented the respondents from filing a writ petition much earlier than the allotment of the plot in the dispute, so they filed a permanent injunction in the civil court asking that they be allowed to seize the plot. Being allotted, it should not be excluded. The lawsuit was dismissed for reasons unknown due to the action, almost three years after the plaintiff's rejection of the plot in the dispute was unauthorized allotment when the applicant filed a writ against the allotment. When the petition was filed when the allotment of plot was made in favor of the defendant to file the writ for the applicant, the CPC would not exclude the new case, to reject the plaintiff under Application Oh VII, R 11. Or to file a writ petition as a dispute in the case was not ultimately decided or resolved on merit, in the circumstances, in the past The writ petition was not declined after the plaintiff's dismissal in the case.
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