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MST. GHULAM FATIMA versus MUHAMMAD SHAFI


Article 12 Civil Procedure Code (v. 1908), Sections 12 (2) and 47, AXXI, Section 99 and 100 Constitution of Pakistan (1973), Article 199 Constitutional application suits imposed by litigation for the specific performance of a contract of sale. The application to set aside a third-party order alleging fraud was dismissed. The third party resisted the execution of the decision on the basis of a contract to sell, with the decision pending after the final decision had already been finalized. The question was, did the review court take any illegal action in accepting the objection request against the execution? The receipt of the decree does not constitute a right, title or interest in any of its contracts, nor gives it any right to resist the execution of the decree, nor will the decision against it be a temporary decision. The judgment of the competent jurisdiction was not of any legal value to the court of competent jurisdiction, in the event of its being satisfied that the debtor was not entitled to any resistance or obstruction by any person in his rights. Making a good faith claim in the possession of property can exclude the execution request but in the present case thirty Agreement with debtor or third party claims the decision, it was the man who can not resist the implementation of the claimant under this order. The decision was granted against the dispossessed individual with his independent rights / title to the judgment, he may demand the restitution of possession from the Imposing Court, and the court implementing such application should investigate the matter, Section 12 (2) of the case

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