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MAZHAR IQBAL versus KHAIR DIN


Article 42 Civil Procedure (V of 1908), Section 10; OVI, R17 and O XXIII, R1 Constitution of Pakistan, Article 199 Constitutional application to file a statement for the statement of the defendant in three cases Recall that in the third case, to file a complaint, he filed an application to amend the case. In case of reversal of any order of the trial court to revoke / reinstate such two cases as the trial court withdrew the approved amendment request, but the amendment court and the petitioner of the high court In this way, the demand for the rehabilitation of the two should be rejected. Trial and resumption of trial The suit accepted by the court may be restored or reinstated if it was dismissed on the basis of illegal prosecution or dismissal of the case under section 10, CPC. After being released part of the claim was stopped without permission to file a new lawsuit. The suit will prevent him from establishing a fresh case in relation to the same subject matter or the claimant's part of the claim, and neither the court was requested to extend such cases to allow him to file a fresh case. Neither the plaintiff's statement nor the plaintiff's statement that he has the right to resuscitate such two cases does not mean that he will be entitled to a trial after withdrawing the trial. The financing became outdated and there was no jurisdiction to allow the revival, which the High Court rejected invalid and unlawful orders.

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