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MIR SAHIB JAN versus JANAN


Articles 8, 39, 42 and 54 of the Civil Procedure Code (v. 1908), O. VII, R 11, of a suite of declarations, declaration, occupation, order and cancellation of a fresh sale agreement, based on another previous / first case. The removal is sustained by the Supreme Court's rejection. In the second case, the plaintiff requested for the plaintiff's request that in the second case the plaintiff and the previous case were not the same person. And the second case was not credible in view of previous litigation on the same subject. The cause of action in the second case was based on a fresh agreement. The questions requiring determination were whether the second suit had any alliance with the first suit, and whether the plaintiff was the same person. As opposed to the previous proceedings, such questions are questions of fact that can be solved appropriately by providing the parties with an opportunity to present evidence after compiling the necessary issues.

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