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MUHAMMAD JAMIL KHAN versus LAL KHAN


Article 42 Civil Code of Conduct (v. 1908), Sections 100, 115 and O VII, R10 Constitution of Pakistan (1973), Article 185 (3) Decision on the issue of declaration without suit property jurisdiction over other matters. Under Sections 100 and 115, the CPC Scope Plaintiff sought a declaration not to be in possession of the suit property only, without the recovery of the possession, because the trial court dismissed the case because the plea raised by the plaintiff was also not appropriate. That instead of dismissing the case, it should have been returned under Oh VI, R 10, CPC, further pleading by the plaintiff that the High Court had erred. The appeal was changed to the application, verification appeal was granted leave to the Supreme Court. Although the plaintiff's regular second appeal was competent in the facts and circumstances of the present case, the plaintiff's case was prejudiced by the High Court turning this appeal into a civil review. And whether the facts and circumstances of the case had to be returned to the trial court under OVII, R 10, CPC and the law to decide the issue related to the cost of the suit for purposes of judicial fees, among other matters. Was banned by

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