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MUHAMMAD NAWAZ versus ADDITIONAL DISTRICT JUDGE


Civil Procedure Code Order II, R2 and OVII, R11 Constitution of Pakistan (1973), Article 199 Constitutional Appeal, dismissing the cause of action for suing O II Because of this action against the same party, the plaintiff, during the trial of the declaration, filed another case for permanent injunction, subsequently dismissing the plaintiff's request for rejection of the plaintiff by both the courts, Because of which the plaintiff could not file a case. The case is being prosecuted for the same cause while the previous action was pending in the plaintiff due to the same action; There was no lawsuit and no reason for the separate action was valid. Both the courts below failed to appreciate the objection raised by the defendant in its correct legal context, the order passed by both the courts was approved, both The courts were set aside uent the case under O VII, R 11 was dismissed, accordingly the constitutional plea of the CPC Was allowed

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