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MUMARAZ KHAN versus RAKHSHANDA BIBI


Section 5, Schedule (Part I) and Section 17 Civil Procedure Code (v. 1908), Section 11 Special Relief Act (I of 1877), Section 21 Suite Second suit for special performance of the contract between spouses Judeta, Applicable Scope Earlier the case was dismissed by the Family Court filed by the applicant for the custody of the children and the final verdict was reached while determining the right of a contractual visit between the spouses. The second Supreme Court case established by the applicant for came under the exclusive jurisdiction of the Family Court. In the earlier case, it was considered to have been directly and substantially dealt with in the case which applies in this case, and the second case, the trial court, section 11, CPC Could not do the same in view of the second case. The Special Relief Act was not enforceable even under section 21 of the 1877 as it was based on an agreement which had a promise to arrange the appointment of the minor with the applicant indefinitely. After deletion, the revision is excluded with the expense.

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