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MALIK GUL MUHAMMAD versus MUSSARAT BEGUM


CLC Appeals Order XPL Original Decisions CPC Appeals O XLI, R 33 and Section 115 Correctness of Error Amendment Court's Jurisdictional Decision Stability A case against which no appeal was filed is specific to the sale agreement Two suits for performance One trial for second division of property was decided by the trial court with a stable decision before the appellate court against the decree filed for special performance while the appellant. The court dismissed the case for special proceedings. The sale agreement and the second case were also dismissed because no appeal was preferred before the Appellate Court and the court had a decisive decision and allowed the court to pass any decree under O.L.I., R33, CPC. Was given the option that should be approved. Power was not subject to appeal by any party, unless the party appellate court had previously failed to grant an exception, strengthening the jurisdiction established under it, XLI, R33, CPC. It was found that the decree in favor of the plaintiff in this case for the specific performance of the sale contract was not sustainable and when the sole reason for excluding the suit for division was stated. The definitive verdict was that a specific performance case was being decided, the appellate court should have passed a preliminary injunction to verify, such error in the judgment could be corrected in the exercise of jurisdiction.

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