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ARDESHIR COWSJEE versus PROVINCE OF SINDH


Constitution of Pakistan 1973 Article 199 (4) (4A) Civil Procedure Code (V8 1908), O XXXIX, RR 1 and 2 Constitutional Interim Interim Order, O XXXIX, RR 1 and 2, CPC Applicable High Court Provisions Grant of jurisdiction under Articles 199 (4) and (4A) of the Constitution to make interim order and resort to OLXX, RR1 and 2, CPC for the purpose of interim order Neither necessary nor justified because the provisions of the CPC are intended. The existence of only CL (4A) in Article 199 of the Civil Suit, proves that the interim orders in the constitutional application are subject to the powers and jurisdiction given by Article 199 (4A) and the striking order under O XXXIX. And 2, the CPC prayer for the interim order filed in the constitutional petition should be examined with reference to Article 199 of the Constitution.

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