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ALLAH LOKE versus ADDITIONAL DISTRICT JUDGE


Article 12 Civil Code of Conduct (v. 1908), O XVII, R 3 & O VII, R 11 Constitution of Pakistan, Article 199 The defendant defendant of special performance for constitutional application withdrew the case and subsequently filed an application for award of the court. The Ruling Trial Court upheld the right to present the plaintiff's evidence under a constitutional petition filed by OXVII, R 11, CPC appeals, amendments and the plaintiffs again made the same property-related agreement. The plaintiff filed a special performance lawsuit. A VII, R 11, CPC which was dismissed by the defendant through the modification of the case, was also dismissed for failing to prove the facts of the arbitration proceedings, in the case of the arbitration award. The question of possession of the suit property was also ignored The award was not proved The dispute was resolved in the first period of the trial in which the case was withdrawn wn no fresh ground for the plaintiff to establish the case. Was not available, no permission was requested by the claimant in the request for his earlier dismissal. The orders passed by the courts below were set aside, the constitutional application was accepted and the plaintiff was rejected under OVII, R11, CPC.

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