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MUZAFFAR versus ABDUL QAYUM KHAN


O VII, R 10, O XX, R 5 & O XLI, Rr 23 & 24 Arguments After the return of the trial court that the civil court has no jurisdiction in this case, the preliminary case is decided and the plaintiff goes to the appellate court. Returned. Appeal, finding all the matters involved in the case, the case was decided on merit. The appellate court's decision was challenged on the ground that if the civil court had jurisdiction in this case, the only open way was to seek remand. Had hotly contested the jurisdiction, but at the end of the trial decided to decide on all matters of jurisdiction, among other matters. The jurisdictional matter, in the circumstances, became a question of both law and fact, and it can only be decided after a thorough examination of the evidence, which cannot be exercised on this amendment. The question of jurisdiction, being a complex issue, had to be decided in accordance with the universally recognized principle of law and justice and the clause excluded from the jurisdiction of the civil court was also decided on the record in other principles. Had to do with the evidence. Given the proportional principles of the law, it is necessary to decide if, after complying with these principles, the finding of a jurisdiction case was given in a positive way, the trial required O VII, R 10, CPC. Can take action accordingly if the jurisdiction of the civil court regarding the lack of answers was negative, then according to the trial court OX, R5, CPC

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