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MALIK HAMID ZAMAN versus ADDITIONAL DISTRICT JUDGE, SARGODHA


Article 42 Civil Procedure Code (V of 1908), OVII, R 11 and Section 11 Appeal for the Declaration of Dismissal of the Applicable Petition The principle of the judiciary of the applicant applied to the mother in her written statement in the first period of litigation. The objection was raised where the claim for care was taken. There is no doubt that the respondents did not raise a factual issue regarding the fact of the family in the suit set by Judge Family Court, but as the court observed in the first part of the judgment. , It was successful on technical grounds After the decision was not taken by any forum, it cannot be said that the principle of Race Judesta was considered by Section 11, the facts of the declaration filed by the CPC. And was drawn to the circumstances in which it was claimed that the defendants had to dismiss their children's case. Do not order. The petitioner has been set aside in the declaration case; consequently, the case filed by the applicant will be considered pending and will be decided according to law.

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