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ZAKA ULLAH versus MUHAMMAD ILYAS


During the lawlessness of section 12 (2) civil suit, the provisions of section 12 (2), CPC were filed and the petitioner's decree passed by the civil judge in a case filed by the applicants on the basis of fraud and misrepresentation. Was filed, the trial court dismissed the case on merit but an appeal was filed. The applicants were also dismissed because the trial court could not proceed with this case, after the provisions of section 12 (2), CPC, the applicant's position was that the section 12 (2). The provisions of the CPC cannot be effected by withdrawal. If Section 12 (2), the CPC was applied through the applicant's pre-trial proceedings, it would cause applicants with discomfort as the whole process of litigation by the parties goes to trial. Will Against all the courts, such costs result in further costs and delays, and in such a situation the courts will not give the rule of law a disappointment. The provisions of Section 12 (2) were again incorporated during the applicant's trial to the CPC, with the trial court presently applying to the applicants under Section 12 (2), CPC. Could behave and continue with it. Generally, without causing any inconvenience or delay, but the trial court did not select it and decided the case under merit and decided on merit, in which case the appellate court should have decided on appeal. The Appellate Court, in lieu of the case of the petitioners, was improperly enforced by the law and after the registration of Section 12 (2), CPC, the petitioner

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