SYED MUHAMMAD ZUHAIR SHAH BANORI versus SYED MUHAMMAD ZAHID SHAH BANORI
Sections 3 and 4 Civil Procedure Code (v. 1908), II II, R2 Constitution Pakistan, Article 199 Constitutional Appeal Suit for Distribution of Property, Ownership of Return of Suits with Permission to Enter New Suite Properties Was. The plaintiffs, who inadvertently filed two separate lawsuits on two separate properties, sought to have the two suits dismissed by allowing them to file a fresh case on the case that their suit was OO, R.O. Held by the provisions of section 2, the CPC trial court found that the defendants withdrew the suit, with costs, but upon filing a review by the defendants against the decision of the trial, the appellate court found the following. The trial court postponed the trial court's decision by directing the trial court to consolidate the two cases and settle the issue. , Both were able to retain independent suits on two separate properties as full claims for separate property were being sought in both the e-courts and two separate cases from the provisions of Ali, R2, CPC. It was not a matter of filing, but both suits could be strengthened to avoid a fair distribution of justice and further legal complications. Referring to both properties was in the same form of trial was lawful in any way, but in such a short time, the parties had to face so much that the trial court withdrew both suit and There was a fresh case. The review was filed long before the court's decision; in addition to filing a fresh case by the plaintiff, the defendants also received costs, receiving costs from the other party.
Related judgments — Peshawar High Court NWFP, 2012
