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NAWABZADA TILLA MUHAMMAD KHAN versus HAJI MUHAMMAD AFZAL


Article 181 Civil Procedure Code (v. 1908) Order 47 for the receipt of suits 47 and 48, the suit was implemented on 21 4 2003, and it was said that this order was dismissed on 5 7 2006 and The execution petition was filed on the 15th of 2007 arguing that the defendant / decision was that the execution petition was filed more than three years after the trial court's order and hence the time restriction. Was done 1908, which provided for restriction and application of the application for a period of three years, section 48 of the CPC shall be in force, which, under the principle of merger, the trial court's order shall be incorporated within it. Was granted a six-year term. In the Court of Appeal, as well as in the decree passed in the exercise of the jurisdiction of the amendment, after the writ of trial court's order, in the field of appeal, this order shall be made only by Appellate C. In the present case, the trial court's order was merged with the appellate court and, therefore, the petition filed by the plaintiff was within the time of the constitutional application.

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