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SYED MUHAMMAD TAQQI versus ADDITIONAL DISTRICT JUDGE, PINDI BHATTIAN


Sections 42 and 55 Civil Procedure, Regulation (V of 1908), O VII, R 11 Constitution of Pakistan (1973), Article 199 Constitution Petitioner (Plaintiff) filed a case for possession and permanent injunction. The plaintiff was instructed to submit a court-related fee for a certain amount within 30 days. The plaintiff filed an application for execution without complying with the trial court's direction. The plaintiff also filed an application for extension of time for filing a fee to reduce the terms of the trial court's decision. The trial court rejected the request, and eventually the plaintiff filed a review with the district judge, which was dismissed as reasonable, the trial court justified dismissing the application on the ground that the court had become a fitness officer. Had accused the defendant (s). The plaintiff's inability to be accounted for means that the matter was not confined to the mere subject and state as a third person in the circumstances, namely the defendant, was due to go out of his favor in the meantime. ? It has the right, therefore, to provide timely due to compulsory reasons and duty and the court was not bound by the time constraints nor was it to be granted either routinely or mechanically, by the reviewing court. Also rejected its discretion because of it. The plaintiff's conduct as he filed the petition after considerable delay, for no good reason denying the High Court's applicant's conduct, in its constitutional jurisdiction, denied discretion in favor of the plaintiff / applicant. ?

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