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PICIC versus MST. ZAHIDA KHANUM


Filing an application under Sections 152, 151, 12 (2) and 0 I, R 10 West Pakistan Family Courts Act (XXXV of 1964), Sections 5, 9 and 14 of Pakistan (1973), Article 199 Constitutional Application 5152, c. Prior to the PC, the Family Court filed a petition for recovery of the Maintainability Investment Corporation / Plaintiff who approved the loan to the defendant, but without executing the decision-making corporation during the execution proceedings. Filed with family court in connection with a property claim. It will be owned by her Dover and this order is found in her favor. The decree holder corporation filed an application before the Family Court under section 152, CPC, which was dismissed, however, the appeal case was remanded for that decision, but only after a mistrial was ordered. The petitioner's request to mention the dates of the order was set for the record room and the application was eventually dismissed on the ground that since the order was passed, the decree holder corporation was not appealed by the Family Court, The final position was obtained that the decree holder corporation was an essential party because the suit property, by acceptance, The mortgage was placed with him, so the wife of the judgment was obliged to enforce the corporation as the defendant when the aforesaid corporation received advance decree in favor of the same property from a competent court, Under 152, the CPC was not enforceable before the Family Court, however, the Family Court could reasonably entertain such application as Section 12 (2), in the jurisdiction under CPC.

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