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ALTAF HUSSAIN versus MUHAMMAD NAWAZ


Failure to collect the unpaid amount as directed by the Punjab Pre-Emission Act 1913 Section 21 Civil Procedure Code (v. 1908), Sections 47, 144 and 157 of the Constitution of Pakistan (1973), Article 185 (3). The trial court had earlier ruled in favor of the umpire in the court pre-settlement case in which it was directed to deposit Rs 11,830, including a mortgage charge, the lower appellate court increased the vacancy amount to 13, 520 rupees, three of the four mortgages who were former umpires, on their own, deducted the mortgage amount and deposited a balance amount of Rs 8,567. The Wendys applied for a restoration of the occupation on the grounds that the pre-emperors had previously failed to collect the legal costs, as the old emperor could not deduct the mortgage. The High Court itself allowed the application of the legitimate order of the shopkeepers in the second appeal, the rulers interpreted it by their wisdom and unilaterally amended it by Ham which was not valid where a party in a case If an order or decision is deemed ambiguous or inaccurate, the proper course of action was to file a review petition with the same court that approved or adjudicated the order. The matter will be before the Court of Appeal in an appeal or review, as the party cannot accept the role of a court and if it chooses to do so, it will have to face its own adverse consequences.

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