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MST. CHOTO versus MUHAMMAD ASHRAF


O VII, R 11 and O XXXII, R 15 Special Relief Act (I of 1877), Constitution of Sections 42 and 54 of Pakistan, Article 199 Declaration of Constitutional Appeal Case and Permanent Rejection of O VII, R 11 Under the petition filed by the defendants, the CPC was rejected by the following two courts simultaneously; the defendant challenged the same in the constitutional petition when the plaintiff was alive to file a case against the defendant. There was no reason, if the cause was not disclosed against the plaintiff, the plaintiff alleged that the defendant was insane, then pursuant to the Mental Health Ordinance 2001 and O XXXII, R. 15, the defendant cannot be directly imposed as a defendant according to the procedure set forth in the CPC, or the case can proceed. A guardian shall not be prosecuted directly without the advertisement being enforced. In this way both courts, under litigation, were legally disregarded and the trial court failed to exercise its jurisdiction by law, rejecting the application filed under OVII, R 11, CPC. And even failed to see the basic provisions of A-VII, R-11, the CPC Revenue Court, too, failed to exercise the jurisdiction granted by it, approved by both courts. Legal orders were transferred under O VII, R. 11, CPC, was accepted and the lawsuit filed by the plaintiff was dismissed.

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