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RASOOL BAKHSH versus DISTRICT JUDGE, DERA GHAZI KHAN


For specific performance of the oral contract for the sale of immovable property, Section 12 and 22 Civil Procedure Code (V8 of 1908), OVII, R11 suit plaintiff and defendant filed an application under OVII, R 11, CPC. It was held that the case was withheld by the law and the trial court had rejected the request on the same request as it was allowed by the lower appellate court to exercise its jurisdiction, while the lower appellate court accepted that the case was pending. It was not appropriate that if the case was not competent, the issue of law should have been considered a preliminary issue and accordingly the decision would have to be made. Or should go where the lower appellate court did not adopt such procedure, nor did the defendant object to his written statement which was requested in the petition under O VII, R 11, CPC. The judgment and order of the lower appellate court were granted without legal authority and without legal effect

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