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ALAM SHER versus SULTAN AHMAD


Section 3 Civil Procedure Code (v. 1908), Section 115 filed the question of determining the duty of the defendants in which the limitation matter was decided in their favor but the case was dismissed by the defendants. He did not appeal or object to matters decided in his favor. The first appellate court of the plaintiffs decided the entire case under the influence that was within the case. The defendants conceded that they were not obliged to appeal the limitation matters as to whether the defendants' suit was excluded, whether the amendment could raise the question of limitation. , The defendants had previously raised the question of limitation of the case before the Appellate Court and were therefore ignored, the court is bound to take notice of a limitation case under section 3 of the Limitation Act, 1908, Whether or not a limitation request was raised, and that the waiver of questions about the limitation was not permissible, even where the limitation period was set by special or local law, disregarding the limitation question As a result, the first appellate court decided the matter to be meritorious and thereby resulted in material irregularities, providing a level field for both parties. To do this, the High Court rejected the controversial decision and the order was considered. The remand for the parties was remanded in the first appellate court

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