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SARDAR MUHAMMAD versus BASHIR AHMED


Section 12 Civil Procedure Code (v. 1908), O. VII, R 11 The suit for possession by the specific performance of the sale agreement was rescinded by the claimant when the defendant had no proprietary rights in respect of the suit land. Were granted, but because of this, the plaintiff was given proprietary rights of action to the plaintiff, in the circumstances, was matured, and in his decision was made liable during the appellate court's observation. That the claimant's case was bound to be dismissed under O. VII, R 11, CPC, default rule was not lasting in accordance with the law that if a cause of action is met during the trial, the plaintiff cannot be dismissed or the plaintiff cannot be dismissed. ? The High Court set aside and after the parties had the opportunity of hearing, the case was remanded for the first decision as per law.

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