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SHAH MUHAMMAD versus DISTRICT COUNCIL, SARGODHA


A. XXIII, R1 Constitution of Pakistan, Article 199 Special Relief Act (I of 1877), Section 42 Constitutional Petition Suit for nomination exclusion, during trial in trial court, fresh during trial For trial, with permission to file. Appeal to his legal heritage Before plaintiff's legal heritage hearing, the plaintiff's lawyer recorded his statement that he wanted to withdraw the case with the permission of the trial court to file a fresh case, however, on the same day as the dismissal. Was excluded, but the order was not approved for trial litigants to file a fresh trial. For plaintiffs it was expressly stated that they were allowed to withdraw the case with the permission to file a new case, which is required at trial. The court will not only allow the defendants to withdraw the case, but at the same time allow them to file a new case because they could not do what the court requested. The fact of having to withdraw the permit for time and refuse to allow a fresh case was a legal question that was ignored by both the courts. The circumstances have revealed that the following two courts did not apply their mind to the court while the plaintiff refused to allow the institute. An inadmissible order / judgment, approved by the following courts, was set aside and the defendants were allowed to file a fresh case.

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