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MUNAWAR HUSSAIN MALIK versus SAGHIR AHMAD


Section 12 Civil Procedure Code (v. 1908), Section 115, O. XI, R14 & O. XII, R8 Convention Evidence (10 of 1984), Articles 76 and 77 on the agreement to sell specific performance of the contract for sale. Refusal to execute Defendants' list of counter-affidavits The list of dependencies associated with the plaintiff which is in the possession of the plaintiff is to be applied by the buyer pendente lite in possession of the original contract by the defendant. Acknowledged that the same agreement will be presented. The plaintiff's plea was accepted by the plaintiff at the trial of the plaintiff despite the plaintiff's failure to negotiate the contract at the appropriate time to produce a photocopy of the contract as secondary evidence to present a legal case. Failure to do so would be fatal to the plaintiff, who called for his performance in the case. It was not stated that the original contract, after its execution, was delivered to the defendant and that the plaintiff was in his possession. d shall not be allowed to present evidence that the contract was with the defendant Wendy generally contracts after its execution when the plaintiff acknowledges possession of the contract and raises the same offer at the appropriate time. It was held that the plaintiff would not place the list in the list of dependencies associated with being ambiguous. Plaintiff did not present evidence of loss of original contract or possession of defendant due to the plaintiff's postponement. The unlawful order faced legal weakness. The High Court accepted the review request and the circumstances. I set aside the unexpected order.

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