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HAJI versus ANARA


Section 42 Civil Procedure Code (v. 1908), Section 115 and AXLI, R1 Suit for Declaration, Trial of Trial The trial court ruled on the basis of the evidence on record, but the appellate court Set aside the judgment and order passed by the trial court. Even without taking into account the change of inheritance and other evidence under the record, the appellate court below had mistakenly identified itself and demonstrated material irregularity in the use of its jurisdiction. Whereas in its use, the trial court allowed the appeal against the judgment and order of the High Court. The amended jurisdiction reversed the decision and order passed by the appellate court below and restored the trial court with costs.

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