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MUHAMMAD WASIL KHAN SHERWANI versus EHSAN-UL-HAQ SETHI


Section 12 Civil Procedure Code (V8 1908), O VII, R 11 & O XV, R 1 suit, provided the defendant a statement acknowledging the claimant's claim for specific performance of the seller's payment sales contract and Said he had already received it. While there was no objection to postponement of the outstanding balance and payment to the plaintiff within 15 days, the plaintiff was instructed to present the person who provided various opportunities despite the plaintiff's dismissal. Did not deny that the case was not resisted and the parties had no problem with any question regarding the law and the facts, therefore, under the provisions of AXV, R1, the CPC had to be remanded to the court once. Should, thus, a decree be passed for specific performance under it. Submission of the remaining costs within the period of 15 days, affirmed on oath in the presence of the plaintiffs suit and signed by the plaintiff, there was no justification for the adjournment of the case and instructing the plaintiff to appear regularly by his counsel. In order to be present in person. If there was a directive from the court to deposit the money, then the defendant did not enter the written statement or admit it immediately. In making the statement, the claim of the plaintiff, such case did not fall under any of the provisions of CPC Plaintiff in RI 11, therefore, the trial court unlawfully rejected and the judgment was dismissed and the plaintiff dismissed. It will be considered that further adjournment to this decision will be considered in view of the statement recorded by the defendant.

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