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MUHAMMAD BAKHSH versus ALLAH WASAYIA


Section 11 Legislative Evidence (10 of 1984), Article 588 Limitation Act (IX of 1908), Article 120 inheritance claim in relation to such sale and approval after the acquisition by the defendants (subordinate accomplices) On the basis of the inheritance, the first case by the plaintiff (the second legal heir of the deceased) challenges the conversion of the inheritance in favor of the defendants and thereby rejects the vendor's request for such sale. That the second suit by the plaintiffs on the pre-emption order passed on the inherited mutation in favor of the defendants and the right to sovereignty Twelve years after the dismissal of their first case, the buyer in the first case filed by the CPC Plaintiffs Principle, will apply jointly to the second case, which cannot be secured on principle. ? That the court had to do justice and turmoil in order to safeguard the illegal benefits, in the first case this decree would not fall under the provisions of Article 588 of the Martyrdom, 1984 as it was not alleged that the court had jurisdiction. No or it was not obtained by fraud. Until and until the trial, the injunction was not separately or challenged in the lawsuit filed by those who had already filed the case, under the rule of inheritance, they could not file a second case at their choice and time. The case was filed after more than six years. Inheritance by the defendants and sale on behalf of the vendor were banned, which could not be preserved on the principle that in the case of inheritance, there was no limitation period.

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