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MST. NASIRA KHATOON versus MST. AISHA BAI


Sections 16 and 20 of the Civil Procedure Code (v. 1908), Section 12 (2) Constitution of Pakistan (1973), Article 185 (3) argued that the property owned by them was transferred to the applicants, declaring them evacuated. Could not be done On the basis of this exchange agreement on the basis of which it was claimed that the applicants were neither party to the suit nor the litigation patent appeals nor had they been issued any notice or not. Only they had any knowledge of the case or the appeal mentioned above, and as such the decision passed by the High Court in the Letter Patent Appeal could not work against their interest in the property transferred to them by the Department of Settlement and that In their petitions under section 12 (2), the CPC extended several grounds but the High Court considered the same leave for appeal R had dismissed their applications. The court rightfully dismissed the petitioner by the High Court

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