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MUHAMMAD HASSAN versus NAZAR MUHAMMAD ALIAS NAZIR KHAN THROUGH LEGAL HEIRS


A. XXIII, R 1 (3) of the Specific Relief Act (of 1877), Section 12 suit for the specific performance of the sale contract, the defendants withdrew their case without obtaining permission to enter the fresh suit under false belief. Because it was a fresh suit of instability, an order was issued by the courts below, but the second appeal against this order was dealt with by the consent of the parties, which constituted an additional case relating to the effect of the dismissal of the first case by the plaintiff. The agreed trial was heard in the trial court, which excluded the case. Since the first case was withdrawn without obtaining permission to file, the same trial was conducted under OXXIII, R1 (3), so the appeal of the CPC against the injunction was of no use. Second, the appeal was filed on the basis that the defendants were misled by a High Court ruling in withdrawing the first case, which held that civil courts had no jurisdiction over the eviction property. The question was whether in such circumstances, O XXIII, R 1 (3), the CPC's validity was therefore negligent. Only the civil court decision on cases specific performance, the plaintiff chose to decide the question of jurisdiction of the civil court without the case. Waiting for a decision in their suit, even if a lawsuit is withdrawn under a false belief about maintaining this case, subdivision (3) of the second case, OXXIII, Rule 1 of the CPC ) Until it is allowed. According to the law of limitation, the process is the same

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