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AKBAR SAID KHAN versus MST. SHAHEEN


Section 12 (2) of the Special Relief Act (I of 1877), sections 8, 42 and 54 of the suit, possession, declaration and permanent order discrimination and deception and deception and application of fraudulent judgment passed in favor of the petitioners. The application was filed by section 12 (2) on the basis of fraud, misrepresentation and misconduct, the CPC court dismissed the petition, but the appellate court rejected the trial court's order and the case. After framing, the trial court remanded the decision. And providing the parties with an opportunity to add evidence that the respondents of the litigation were not enforced as a party in the first period of litigation, under which the decision of the case was passed in favor of the applicants, There was nothing in the record to indicate that the CPC had not collectively filed a second motive, but to increase applicants 'harassment is the fact that some of the respondents' relatives themselves were formerly legal There were parties to the choice. , There is no restriction in the way of the defendants for filing an application under section 12 (2), no procedure for determining the application under section 12 (2), CPC under CPC And no separate approach was indicated against the determination where the application was made under section 12 (), the CPC was submitted, the contents of the application should be submitted to support the rejection. Unless the application is considered a clear appellate court, it was sufficiently justified to return the case to the trial court for fresh judgment after the cases were settled and the parties presented evidence. A minute to cry

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