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SHEIKH NIAMAT ALI versus SHEIKH MUHAMMAD IMRAN


Sale of execution of orders XXI, Rr 10 and 90, O XXI, being unable to tile under R 10, aside from the request of the petitioner, the objection by the CPC An application was filed regarding the decree holder's execution request. The contents of the petition and relief claimed therein clearly show that the matter was within the scope of O XXI, R 90, the CPC Executive Court was obliged to submit the contents of the objection petition. Considering and implementing the relevant provisions, it should have decided on the issue of merit, but also knock. The dismissal of the objection request cannot be sustained on the basis of the merits of the decision on the technical ground. The High Court decided the lower court to decide the objection petition under OSXI, R90, CPC. Set unwanted mandate with instructions.

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