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ABDUL RASHID versus NAZEER AHMAD


Articles 42 and 54 of the Civil Procedure Code (v. 1908), O VII, R 11 suit were dismissed by the trial court for declaration and permanent injunction, saying that it was a case of specific performance of a sale agreement between the parties. And not a permanent injunction case, but the trial court directed the plaintiff to collect court fees from the market value of the suit land until the next date, or the case will be dismissed when the plaintiff fails to comply with the trial court's direction. Accordingly, the matter was dropped and time restriction was imposed. Against the decision of the trial, the appellant's court also requested that the trial be dismissed unlawfully under trial O VII, R 11, CPC and seeking payment of the required court fee. Due to that, the litigation has been rejected. Saying that the plaintiff's objection was technical as to why the plaintiff's rejection under OVII, R 11, the CPC would also be equivalent to an order that appears to be an illegal injunction also. To be challenged prematurely, otherwise the restriction filed by the plaintiff before the appellate court, in the view of the law, proper appeal was not appropriate as the court did not pay the court fee required by the trial court. ? Payment of judicial fees is required by the trial court for payment of judicial fees even though it was a matter between law and state, but over time, the defendant gets the right and not just because of it. It may be redeemed that the negligent party was ready to pay the court fee

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