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MUHAMMAD CHUTTAL versus ATTA MUHAMMAD THROUGH LEGAL HEIRS

The appearance and absence of the parties to the CPC's Civil Procedure Code Order IX resulted in OI, RR 8 and 9 Constitution of Pakistan (1973), Article 185 (3) filing a second dismissal case for illegal prosecution. Respondent filed another case for the same cause of action on the same property, after the dismissal of the first case under OK IX, R 8, the post-CPC case was decided by the trial court but lower The appellate court dismissed it by the OIC, R9, CPC High Court, rejecting it. Practicing the jurisdiction of the amendment, setting aside the order of the lower appellate court and allowing it to be revised on the basis that its subsequent trial is a new cause of action, and that the same applies to the law of dispute between the lower courts. There has been a dispute of opinion on the question. It was found that the leave of appeal was given by the Supreme Court to consider the shortcomings raised and to ascertain whether the SCMR 289 ratio in the Juma Khan case was properly implemented by the High Court. famous lower court advocate from Tharo Shah lawyer