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MST. REHANA BASHIR versus MST. BADAR JEHAN


Section 12 and 42 Civil Procedure Code (V8 1908), Sections 114, O VI, R 17 and O XLVII, R 1 Review suit, converting suit to declaration for the specific performance of the contract to sell the claimant's claim I had to edit. He had entered into a contract and paid all due diligence and received it, but his owner's death had interfered with his legal inheritance, the statement filed by the plaintiff was filed by the appellate court. Additionally, the hearing before the High Court was dismissed as the appeal was not rejected. He was also dismissed on the basis that the High Court's decision on the matter was requested to be revised if the trial court did not maintain the declaration that the trial court could convert it into a special form for sale. The specific display has been changed to one if, with the discharge of the court under oh, R 17, CPC, as well as being excluded from the substance contained in the mill. e Such conversion / modification did not alter the reasons for the proceedings or the nature of the plaintiff, who, in a deliberative manner, insisted on the decision of her case, in a form filed with the court to find out. What, he should not have directed the plaintiff himself. In order to amend the plaintiff, the plaintiff did not choose to invoke the amendment during the trial, the Appellate Court or the High Court, so such prayer could not be granted jurisdiction, such. The exercise was not valid. Sections 114 and O XLVII, R 1, CPG allow the review of the discovery of new and important case / evidence which was not in the knowledge of the plaintiff or decision

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