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MUHAMMAD USMAN versus PEHLWAN


Punjab Pre-Emission Act 1913 Section 21 Civil Procedure Code (v. 1908), Section 12 (2) Constitution of Pakistan (1973), Article 199 Constitution Petition, Former Diplomatic Order, Suit was ordered to be kept separate and against the seller. The execution was pending. When an application was made under section 12 (2), the CPC vendor had filed the basis that the trial court in 31st 1988 after the decision came into effect in the case of CP Kamal de Permal PLD 1986 SC 360. The question was passed by the trial court. Approving this decree is a mistake in law and it was permissible to declare it without jurisdiction even though the right of appeal was available to the seller but no appeal was filed against this order passed by the trial court and Transfer through it did not allow the emperors to execute and occupy the order This case was not decided before when the deadline was fixed by the Supreme Court in the case of Syed Kamal and the students needed Was not completed, yet the trial is pending before the trial court. It was believed that the seller had chosen to relinquish the objection to the student and the action was taken even after the decision had been effected in the case of Syed Kamal, after the case proceeded on such assumption, the trial The decision passed by the court did not face any weakness. By rejecting the application under section 12 (2) of the orders of the two courts below, the CPC did not have any jurisdiction or legal malpractice under the circumstances.

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