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MUHAMMAD HANIF versus HASHMAT BANO


Section 4 Court Fees Act (VII of 1870), Schedule II, Article 17 Civil Procedure Code (VV 1908), OVII, RR 10 and 11 suits for partition court fees, related to jurisdiction, The plaintiff filed a petition for return, but the trial court dismissed it (by itself), saying that the value of the property should be conveyed to the plaintiff by the plaintiff. Is more and the plaintiff was the legal heir of the defendant and was a shareholder in his or her property, and each participant would be considered in possession of every inch of the property, If the occupation was physical or the constructive plaintiff would be considered in possession of the property, the plaintiff then demanded separation of his share from the other shareholders on the appeal of the partition suit as well as Rs. There is a fixed court fee / only the plaintiff does not need to be affixed with advertising courage. The plaintiff's dismissal was dismissed in accordance with the provisions of OVII, R 11, CPC, without determining the fair value of the case and the amount of the shares, without providing the appropriate time and opportunity. Was negative. The disapproved orders passed by the courts below were not sustained in the law, which were set aside and the matter was remanded to the trial court on the merits pursuant to law.

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