SYED ASIF ALI versus AURANGZEB MIRZA
Section 96 and O XXIII, R 3 Specific Relief Act (I of 1877), Section 12 suit for specific performance of contract and occupation were decided on the basis of compromise against five of the six defendants and the sixth defendant. Ali had withdrew his appeal. In front of the High Court with the fears that although the decision and the decree were intended to mention that the case had been dismissed, it would still have the effect of implementing the decision because it was a property. While the trial court was in possession, the plaintiff and the other defendants, accepting the aforesaid agreement, appeared fully aware of such aspect and had dismissed the case after withdrawing it to the sixth defendant. The decree issued by the court for the trial of the same date was also on section 9, CPC. The appeal was rejected by the court-approved decree with the consent of the parties to the appeal, although it was not a party to the settlement but no order had yet been approved. This appeals to its general debate and implication was a kind of complaint from a lower forum for reversing the same decision in this case and a higher forum against the ruling in the present case, which led to the trial. Had to be excluded. Appellant (defendant no. In the case), he had no right to appeal against the decree which was not granted against him, the appellant had no justification to retain the appeal against such decision. Who had taken care of his arrest. Defendant No. 6 is not prejudiced in any way by this agreement
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