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MAJOR (RETD.) HAMID ALI KHAN versus MIAN MUHAMMAD ANWAR


Section 35 (c) of the Civil Procedure Code (v. 1908), O. VII, R11, CPC suits the balance with the plaintiff in favor of the plaintiff approved under the specific performance in favor of the sale and the decree During the appeal hearing against the order in compliance with the deposit, when they promise to submit it, if it was notified a month before the last hearing, then the defendant should re-submit the amount. The order is approved without the approval of the request of the defendant in the trial that was allowed in this case by the defendant. According to an order's money should be directed at the plaintiff failed to pass, which was not implemented through non-Nisa appellate court order violated the deposit amount submitted. Deadline for re-submission If the appellate court had set a time for re-submission, then the defendant could be held guilty for failing to comply with his order. Such deposit shall not be sufficient to redeem the plaintiff of the contract; after the final judgment of the matter, the plaintiff has no reason to claim relief from the contract in terms of section 35 (c) of the Special Relief Act, 1877 Was not, the plaintiff was dismissed under o. VIII, R. II., CPC

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