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BABA M. ATIF SHAH TAJI versus MST. SALIMA ZAHEEN


Article 42 Civil Code of Conduct (v. 1908), AXXIII, RI Constitution of Pakistan (1973), Article 199 Constitution Petition Suit declares that during the approval of the case, the latest will be allowed to tile one of the defendants. After withdrawal, a petition for withdrawal was filed. The plaintiff, in his application, allowed the fresh case to be filed for the same reason, saying that necessary amendments must be made in light of the decision of the High Courts like the trial court. The trial court accepted the plaintiff's request that some formal defects be made to the plaintiff. And the plaintiff had the right to withdraw the case at any stage, reviewing the trial court's order was also dismissed, which did not involve the party in the proceedings. The other defendants, who were the legal heirs of the original defendants, had taken the position themselves that after their father's death the case was terminated, and thus they could not question the cohesive orders of the courts below. In the absence of any unlawful interference or irregularity, coordination orders approved by the following courts may not be interfered with by the High Court in its constitutional jurisdiction.

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