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NASEER AHMAD versus MUHAMMAD MUSHTAQ


A. XXXVII, R4 Limitation Act (IX of 1908), suit for collection of money pursuant to Arts 159 and 181 Pro Note, keeping the conditions of limitation aside, under the preceding Part decree, A. XXXXI, CPC The only application under which a limitation is granted is to appear in Article 159 of the Limitation Act 1908 and to defend the case which is one to file an application under A. XXXVII, Rule 4, CPC Restriction is not provided, the matter will be governed by Article 181 of the Limitation Act, 1908. However, under the provisions of Rule 4 of O XXXVII, the CPC required the defendant to demonstrate special circumstances to allow the court in the present court to set aside the former party's decree and relinquish it. ? , Was unable to identify the specific circumstances to put aside the defective former party decree

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