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BASHOO MAL versus NASEER AHMAD


The purpose of Sections 10 and 151 and the purpose of Section 10, the stability of the CPC proceedings suit, the scope plaintiff filed a lawsuit for recovery of the money, while the defendant executed the account, permanently disqualifying, the appointment of the recipient. And sued for recovery of damages Defendants demanded trial The plaintiffs filed on the basis that the matter in both suits was the same between the same parties, the CPC was sent to the same court The jurisdictional courts were to be barred from ruling at the same time and there was a direct case in which the two cases could be heard. Was served. And the issue of the same subject and the same relief between the parties for the same reason is largely the same and the second purpose of the section 10 CPC was to avoid the dispute of opinion of both the courts, Section 10 CPC One of the test of the applicability of the case was that upon reaching the decision in the last previous case, such decision would serve as Race Judista in the latter case. In both cases, in the present case, the same and the parties were the same. The reasons for the proceedings were different as well as the claim for relief in both suits was different. The matters in both suits were different if the defendant Ali The verdict was filed by H. There will be no need to proceed in this case, but if for some reason the defendant's case is dismissed, the plaintiff's case has to proceed on the merits, there is no purpose of proceeding in the case filed by the plaintiff. will be. Both suits can be stable as the action is not available and their case is not settled by a joint decision.

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