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SAJIDA MAQSOOD versus DEPUTY COMMISSIONER/COLLECTOR DISTRICT MUZAFFARABAD


Section 44 Civil Procedure Code (v. 1908), A XXIII, R 1 Writ Petition With the permission to file a new writ petition, the Scope Council for the applicant moved the petition to withdraw the writ petition, which Was opposed by the State Council under the provisions of O. XXIII, Rule 1, CPC may be dismissed on the basis of any formal defect or other substantial ground. No formal defect was identified in the writ petition already filed by the applicant; prior to the permission for the withdrawal request, formal court satisfaction was required for defect or any other appropriate scope. The petitioners were filed with all the necessary facts and a lot of the documents could not be satisfied with the court as to how the writ of sanitary instead of mandamus could be filed, and a fresh fresh writ petition therefore made no sense. It was not that the matter had already been finalized after the judgment on the merit and the filing of fresh writ petition The jurisdictional reversal exercise, which frustrated the decision and the final decision had already been finalized under the decree, prevented the authorities from filing a new writ petition, following the national plan. Which would eliminate justice and the legality of the land. The application for withdrawal was granted with the permission to file a new application for illegal reasons to prevent unlawful occupation, and to prevent the court from passing any order and the petitioner's The circumstances were not requested for any fresh reason. Case, Applicant

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