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MUHAMMAD BAKHSH versus MUHAMMAD AISH

Special Relief Act 1877 Section 12 Civil Procedure Code (v. 1908), O II, R2 Constitution of Pakistan (1973), Article 185 (3) Suit for the specific performance of the contract by the courts under suit for specific performance of the contract Concurrent results of a contract to sell. The trial court had ordered the sale in favor of the plaintiff and the appellate court as well as the high court had upheld the verdict in the second appeal, and before that case the plaintiff had filed a second case, which was based on the plaintiff's agreement. Was taken back to. O II, R2 objected to retaining fresh suit on the basis of bar in CPC, plaintiff's claim of CPC accuracy that on the bar under O2, R2, CPC Not well established where the previous suit was not authorized. Under the law O II, R2, CPC, the bar was not attracted because the second case was the case which was found to be competent in the law which was compromised by the parties under which the original sale was made. The agreement was ratified by defense. The ant, which received another sum to advance the aforesaid agreement and raised the plaintiff's land to dispose of the dispute, thus was not affected by the bar involved in O II, R2. The Supreme Court denied the leave. top advocate from Kasur lawyer