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FATEH MUHAMMAD THROUGH L.RS. versus FIDA HUSSAIN SHAH THROUGH L.RS.

Section 42 Civil Code of Conduct (v. 1908), O. VIII, R 5, O XII, R 6, O XV, R 1 The defendant of a mortgage or sale seeks a declaration of the impression that the suit contemplated by the land. Was purchased against and was threatened with mortgages, prior to that, record the income, as a mortgage, before the suit, landed The original seller acknowledged in his written statement whether the transaction in question was a sale or not. The mortgage courts relied on such an admission and ruled in favor of the plaintiff that the admission was related only to the proceedings in which such admissions were made and could not be used later in the case. , It was canceled because this decree was not fully approved. On the basis of the admission in the previous case, the defendant did not even deny the plaintiff's contents in the specific terms which, under R 5 of O VIII, were submitted to the CPC and the court on the strength of such confession The decision had to be made. There was no need to determine the sale question and a decision should be made according to O XV. R: 1, CPC, even in circumstances where the request for redemption filed by defendant's predecessor in 1944 was dismissed by the Assistant Collector on the ground that the land transaction was resolved in the dispute because any Similar results were not found in the higher forums. And can't be enraged again property advocates from Ghotki lawyer