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SECRETARY-GENERAL TAMEER-E-NAU BALOCHISTAN, QUETTA versus AMIR MUSTAFA


Specific Relief Act 1877 Section 42 Civil Procedure Code (v. 1908), A XLI, R 23 The suit for declaration and maintenance of service filed by a private school trial court employee is not guaranteed under section 42 of the Special Relief Act Due to, rejected. 1877 The appellate court, after setting aside the verdict / order, obtained the remand of the trial court case after recording the evidence of the parties. In view of the parties' requests, the trial court settled the legal issues and the merit cases were also heard. On the litigation, the parties apparently dismissed the case only because the trial court resolved legal cases against the appellate court in such cases, because the case could be easily resolved by simply resolving the legal issue. It was obliged to examine whether he would merely investigate the matter or not. Legal cases were decided by the trial court in light of the parties' requests and supplementary of the contentious documents. d At the same time, it was not permissible for the appellate court to enter into the merits of the case on legal matters; the appellate court exercised its jurisdiction incorrectly and ignored the obvious fact that serious illegal and illegal proceedings. That the case was dropped. Disqualified and not viable only by resolving legal matters, Appellate Court has refused to consider such aspect of the case in presenting its decision / order because the Sustainable High Court did not accept the request for review, disappeared. The decision / order is set aside and the case remanded on appeal

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