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JAVED HUSSAIN ANSARI versus MUHAMMAD AYAZ KHAN


A. XXXVII, Articles 2, 3 and 4 of the Constitution of Pakistan (1973), Article 185 (3), suit for the receipt of a check-based amount, Wapda contracted with the defendant, in which he contracted with the claimant on payment of fixed amount. Whether the defendant's request for leave to defend the plaintiff on the completion of all contract work was dismissed on merit, the defendant filed an application under O XXXVII, R 4, CPC. Petition for leave and approval of the order was filed, but was dismissed by the High Court. Defendant's dismissal of Plaintiff's dismissal was that upon receipt of the money from Wapda upon completion of the contract, he had to pay the suit, once approved, OLDS, II, R4, C A special injunction may be filed under the CPC for the special circumstances under the PC. The plaintiff had no obligation to pay a fixed sum to the plaintiff by issuing a check case for payment of the dues between the defendant and the WAPDA, which was to be paid a fixed sum as per contract S. There was a case of accepted liability, thus, after rejecting the leave application for defense of the case, there was no special case for entertaining the application under O XXXVII, R 4, the CPC Supreme Court ruled. Application dismissed and denied leave on appeal \ r \ n \ r \ n

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