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MUSLIM versus AKBAR SAID BACHA


Section 8 Civil Procedure Code (V8 1908), Sections 151 and O IX, R 13 Limitation Act (IX of 1908), Article 181 The previous order for occupying the house was set aside for the defendants, but they had the summons. Refused to accept the service, he was declared a former party and a petition for ex-party decree was filed against him, but the petition was filed by the defendants about six days after the ex-party order was passed. Defendants thereafter filed a petition against it. Appeal for restoration of the application for separation of the preceding order, which was heard by the trial court, but upon filing an appeal against the trial court's order, the appellate court rejected the appeal through the appellate court, Argued that not only was the request for restitution a timely restriction on the separation of the former party, but also that the request for separation of the former party was time-barred for the reasons that did not justify it. The earlier application for separation of the previous order was not decided because it is still pending before the trial court. Regarding the first application maintenance, the CPC did not have any express provisions for such filing and could be filed under IX, R 13, CPC or more easily, so that Section 151 , May be protected from misuse of the court process under CPC and such application shall be under Residential Art 181 of the Limitation Act, 1908, which was three years from the date of limitation when the right to apply was first made. Will receive a second rehabilitation application that will last approximately one year and nine months

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