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MUHAMMAD MUMTAZ MALIK versus STATION HOUSE OFFICER, POLICE STATION KOTLI, AZAD J&K

Section 42 Civil Procedure Code (v. 1908), O. VIII, R11, to repeal the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42, for the plaintiff who was a resident of the district of Azad Jammu and Kashmir. Wind. The contractor's sale agreement with the defendant, who was a resident of KK district in Pakistan, and the entire amount for the purchase of the tractor was paid to the defendant among the parties in Pakistan, which led to a dispute between the parties. Under Section 95, PPC, plant R in Pakistan in which he alleged that the tractor belonging to him was forcibly taken away by some people and was in the custody of the plaintiff, under the provisions of the Delivery Act. The necessary action was taken and the tractor, pursuant to the warrant for recovery, was recovered from the same defendants who were shown to the plaintiff as residents of District S and R in Pakistan, before the court. The challan was unable to be maintained. The district of Azad Jammu and Kashmir did not reveal the reasons for the operation at a similar plant location. S what, in the circumstances, VIII, was forbidden under R. 11 (a), PC, High Court was justified to reject the claimant famous high court advocate from Neelam lawyer