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SH. ABDUL KARIM versus ATTA MANSOOR


Section 5, Schedule, and Section 17 Civil Procedure Code (v. 1908), O VII, R 11 Constitution of Pakistan (1973), Article 199 Constitutional application for the retrieval and application of dowry articles, instead of filing a written statement, O Instead of submitting an application to dismiss the defendants' allegations under VII, R 11, CPC, it was held that the plaintiff did not show cause for action and the first party had no legal status. , Stood in favor of either of the defendants, and for the correct decision of the application under VIII, R11, CPC, generally the claims / claims which were in plaintiff should be seen and Otherwise it is not proven, it should be considered correct. Nevertheless, the provisions of the CPC could not apply to the Judge Family Court, which operates under Section 17 of the West Pakistan Family Courts Act, 1964, under the West Pakistan Family Courts Act, 1964. Excluding Articles 10 and 11 of the CPC, the CPC Judge shall act as a tribunal in addition to the Family Court requesting the ban on the provisions of the CPC and the legislators to abolish the provisions of the CPC Was intended to provide a speedy mechanism for marital dispute resolution under Rule 11, Rule 7. The CPC filed by the defendants was not applicable. In the absence of any irregularities in the unlawful order, the constitutional petition was not merged, dismissed.

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