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MUHAMMAD RAFIQUE ALIAS RAFIQUE AHMAD versus ABDUL HAMEED


Amendments filed under section 115, CPC, during the trial for the specific performance of the Appellate Court during the restoration of Articles 8 and 9 of the Constitution of Pakistan (1973), Arts 199 and 185 (3) of the Constitution. In exercise of the power, the case filed under section 9 of the Special Relief Act, 1877, and the constitution sanctioned by the Court of Appeal under the judgment, were placed under the jurisdiction of section 199 of the Constitution where the claimant was allowed under section 9 of the Special Relief Had failed to get relief under. Under the Act, 1877, they were not prohibited from filing a lawsuit on the basis of realization of the property and possession of the case; this case was neither appropriate nor sustainable by the appellate court, so the petitioner filed the petition. The constitutional application was a permanent decision and decision was without lawful authority in the circumstances approved by the appellate court.

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