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MUHAMMAD CHUTTAL versus ATTA MUHAMMAD THROUGH L.RS.


Sections 11, O 11, R 2, O IX, RR 8, 9 and O XVII, R 2 Pre-dismiss the suit Under O XVII, R 2, exclude the CPC seeking application for the first suit restoration. In the case of the Plaintiff presenting the reason for the recurring reason for the same subject matter, the fresh trial did not bring the same cause for action on the dismissal of the first case where the facts on which the claim was made by the plaintiff were the same and Defendant violated this in two. The suit was born because of this transaction, then because of the same action the second case will not qualify it and it will be barred from the view of the judiciary, there is no fresh cause of action, in the circumstances, on every denial of the plaintiff's refusal. Will be united in favor. Where the title by the defendant was either separate or repeated, then the dismissal of the first case will not affect the second suit. The defendant pleaded in the new suit that the cause of action was repeated. , Which had a mixed question. The law and the facts should be decided on the basis of the evidence of the parties

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