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DILBAR KHAN versus TALIZAR KHAN

Section 8 and 42 of the Civil Procedure Code (v. 1908), the suit for declaration and occupation by the OI, R 9 and O XLI, R 31 suits for non-inclusion or invalid inclusion of the parties under OI, R 9, CPC. Could not be deleted. And the court could not proceed until the required parties were enforced, in which case after one of the defendants was killed, his legal heirs could be brought on file with the plaintiff's direction to file the amended lawsuit. Wanted, but it was not implemented. The trial court would have refused to exercise its jurisdiction; one of the defendants acknowledged the plaintiffs' claims, but their statement was put on the shelf for no good reason. The remaining entrant owners should have appointed a commission to look for real owners. O XLI, R 31, In respect of non-compliance of the provisions of the CPC, the objection of the property held by the plaintiff was sufficient, both the courts dealt with the matter without applying the independent mind. d Because of the apparent injustice, both courts failed to appreciate and properly evaluate the evidence and in its true context the appellate court recorded in a mechanical manner without the application of the court's mind to decide the case. The decision was not sustained. criminal advocate from Guddu lawyer