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MIR NAWAZ KHAN versus GUL AYUB KHAN


The appellate court's jurisdiction over the enforcement of section 35A, II, R2 and AXLI, R33 special costs was denied by the trial court that, oh, R2, CPC Appellate Court's Appellate Court He was affected by the provisions. Not only the trial court's decision upheld, but the plaintiffs were instructed to pay special costs and counsel fees to the defendants. To pay compensation / special costs under the legal section 35A, CPC, it was necessary The court concluded that the claim or defense was false or improper against the parties' knowledge that such a claim or defense should be taken as soon as possible and that such claim or defense should be fully or partially. Should not be denied, withheld or abandoned, but said there were factors to be seen by the trial court if the trial court had come to that conclusion. Who said that if the conditions were met then compensation / special costs could be paid to the other party's Appellate Court under O XLI, R 33, C. The PC was barred from making such an order for payment of compensation / special costs, in the absence of any material in connection with the enforcement of special costs by the appellate court and payment of his lawyer's fees, The appellate court had an unjustified order in connection with the payment of fees, the imposition of special costs and the payment of attorneys' fees, which were set aside by the High Court in review.

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