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HAFIZ MUHAMMAD SIDDIQUE ANWAR versus FAISALABAD DEVELOPMENT AUTHORITY


Section 42 Martial Law Instruction No. 23, Dated 17 8 1977 [Zone A] Civil Procedure Code (v. 1908), Sections 9 and 115 recording the evidence of the parties not giving the plaintiff the opportunity to hear before their allotment cancels. The exclusion of the jurisdiction granted by the Appellate Court after the presentation of the evidence and the review by the High Court, wherein the results of the matters relating to the merits of the case for the first time, were recorded. An order was passed without providing the opportunity for a hearing. , Then the jurisdiction of the civil court cannot be abolished here. The cancellation of the plot approved by the Martial Laws without the High Court and the Martial Law Authorities of the Supreme Court was proved to be an offense without exception to the civil court judicial review, the High Court dismissing the case. What was avoided The Supreme Court of Appeal accepted the appeal and the decisions of the High Court and the lower courts on the merits of the case, which resulted in the dismissal of the Plaintiffs' High Court due to injustice and prejudice. Set aside and remanded the case to a civil court for a judgment on a merit based on the material available on the record.

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