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NAZAR HUSSAIN SHAH AND 2 OTHERS versus MST. KHURSHID BIBI


Sections 4 and 21 of the Civil Procedure Code (v. 1908), Section 115 (c) of the Constitution of Pakistan (1973), Article 185 (3), at the time of the confirmation of the change, were entitled to exemption from the presence of the pre-emptor to provide proof of change. At the time, a lambard was present, so, because of his procedure for filing a lawsuit, he was dismissed, the trial court did not accept the argument and ruled in favor of the pre-emptor. The lower appellate court allowed the appeal and, by exercising its jurisdiction, set aside the judgment and order passed by the trial court, restoring the judgment and order passed by the trial court, at the time of settlement. Present in the presence of the offer being a mere witness to the bargaining or sale of it, it would not be enough to prevent him from filing a pre-arrest case where the alleged affidavit was offered to buy the land. The offer was inconsistent with Materia. l The terms, the same were not accepted, the decision passed by the High Court under the jurisdiction of the amendment came under the scope of section 115 (c), the leave to appeal the CPC was denied.

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