Section 5 Civil Procedure Code (v. 1908), AXXIII, R1 (3) Law Evidence (10 of 1984), Article 114 Pre-emption suit Return of first suit without court permission and second / fresh case to be filed. The reason for the proceedings was the legality of the first case that the defendant occupied the land after paying the full price, meaning that he was enjoying full rights in the property. The plaintiff's request in the written statement was that the first case was ineligible because the sale was not made. In order to overcome such difficulty, the sale agreement was executed, in order to frustrate the plaintiff, under which a second / fresh lawsuit was filed against the sales deadline plaintiff so that Due to which fresh case could not be maintained or otherwise fresh case may be filed. In such cases there was no injustice done to the defendant
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