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MUHAMMAD SALEEM ULLAH versus ADDITIONAL DISTRICT JUDGE (SYED NASIR ALI SHAH), GUJRANWALA


Section 3 Special Relief Act (I of 1877), Section 42 Transfer of Property Act (IV of 1882), Section 52 Civil Procedure Code (VV 1908), Section 11 and O VII, R 11 Constitution of Pakistan (1973), Article 199 Constitution Application of Lease Penden Principle and Constitutional Race Judiciary Transfer of Total Holdings by the Widow as the Owner of the Unlimited Estate The plaintiff purchased the entire land from the gifted person in question as the owner of the limited estate Was. During the initial litigation, the widow's right to dispose of the widow's rights in the legal proceedings was known to the widow as the sole proprietor of her share and failed in the first period of litigation. Subsequently, the present case of the plaintiffs' declaration on the basis of lazy buyers for valuable consideration was rejected by both the courts because the matter was already present in the legal courts. Was decided by the source, the principle of lace pendente was applied, so the plaintiff will be replaced by the lawsuit That was, so if the cases fail to the level of the Supreme Court and then along with their trial, the Appellate Court too, the High Court declared the defendants a suicide attacker of the original owner in the initial phase of the trial. Therefore, the courts below were justified, in addition to the trial, the appellate court also dismissed the declaratory case. The appellate court did not bring all the cards on record before the plaintiffs 'dismissal of the plaintiffs' claim in the review petition, so the principle of constructive race Judesta was attracted by the High Court in the petition

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